K.Saravanan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Saravanan Petitioner(s) Vs 1.The District Collector, Office of the Collectorate, Salem District.
2.The Tahsildar, Office of the Tahsildar, Omalur Taluk, Salem District.
3.The Taluk Surveyor, Office of the Tahsildar, Omalur Taluk, Salem District.
4.The Executive Officer, Desavilakku (North)Village, Desavilakku Grama Panchayat, Omalur Taluk, Salem District.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 2 and 3 to consider petitioner online application bearing No 2024/0123/08/006966 dated 27.12.2024 and to measure the properties in S.F.No.105/3E in Desavilakku (North) Village, Omalur Taluk in Salem District. For Petitioner(s) : Mr.A.Sundara Vadhanan For Respondent(s) : Mr.A.Selvendran 1/6
1 to 3 Special Government Pleader For R4 : Mr.E.Sundaram Government Advocate
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of Mandamus directing respondents 2 and 3 to consider petitioner's online application bearing No.2024/0123/08/006966 dated 27.12.2024 and to measure the properties in S.F.No.105/3E.
3. It is submitted by the learned counsel for petitioner that petitioner submitted a representation before respondents 2 and 3 on 27.12.2024 seeking survey of the property comprised in Survey No.105/3E situated at Desavilakku (North) Village, Omalur Taluk in Salem District, however, the same has not been considered by the respondents till date. Hence this writ petition.
4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents 1 to 3 that representation dated 27.12.2024 seeking survey of subject property would be considered and appropriate orders 2/6
would be passed by the respondents after issuing notice and after affording reasonable opportunity of hearing to petitioner, adjacent land owners and other interested parties within a time frame to be fixed by this Court. Agreed to by the learned counsel for petitioner.
5. In view thereof, the writ petition stands disposed of with the following directions:
i) The respondents shall consider the representation dated 27.12.2024 in accordance with law, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, adjacent land owners and all other interested parties including rival claimants, if any.
ii) Though facts have been set out extensively in the affidavit, this Court does not propose to deal with it while leaving it open to the respondents to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property.
iii) The entire process shall be completed within a period of 8 weeks from the date of uploading of web copy without waiting for the receipt of certified copy.
iv) It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider 3/6
the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open. No costs. 12.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6
To:
1.The District Collector, Office of the Collectorate, Salem District.
2.The Tahsildar, Office of the Tahsildar, Omalur Taluk, Salem District.
3.The Taluk Surveyor, Office of the Tahsildar, Omalur Taluk, Salem District.
4.The Executive Officer, Desavilakku (North)Village, Desavilakku Grama Panchayat, Omalur Taluk, Salem District.
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MOHAMMED SHAFFIQ, J.
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