K.Rathinam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Rathinam : Petitioner Vs.

1.The District Collector, Salem, Salem District.

2.The Tahsildar, Kanavaipudhur Village, Kadaiyampatti Taluk, Salem District.

3.The Taluk Surveyor, Semmandapatti Firka, Salem District.

4.Vellaiammal : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the third respondent to conduct survey and measure the boundaries of the property admeasuring to an extent of 1.00 acre out of 2.94 acre comprised in S.No.113/2 situated at K.Kuttapatti Village, Kadaiyampatti Taluk, Salem District and fixing the stones by considering the petitioner's application dated 07.07.2025. 1/5

For Petitioner :

Mr.K.Prabhakaran For Respondents : Mr.P.Sathish Additional Government Pleader for R1 to R3

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent No.4 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct the third respondent to conduct survey and measure the boundaries of the property comprised in S.No.113/2 admeasuring an extent of 1.00 acre out of 2.94 acre situated at K.Kuttapatti Village, Kadaiyampatti Taluk, Salem District and fixing the stones by considering the petitioner's application dated 07.07.2025. 2/5

3. At the outset, it is submitted by learned Additional Government Pleader for respondents 1 to 3 that the application dated 07.07.2025 submitted by the petitioner would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

4. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The third respondent shall consider the application dated 07.07.2025 in accordance with law, after issuing notice to the petitioner, fourth respondent, adjacent land owner 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 third respondent 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/appropriate orders passed within a period of eight (8) weeks from the date of uploading of web copy without waiting 3/5

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 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.

6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

11.08.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, Salem, Salem District.

2.The Tahsildar, Kanavaipudhur Village, Kadaiyampatti Taluk, Salem District.

3.The Taluk Surveyor, Semmandapatti Firka, Salem District.

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MOHAMMED SHAFFIQ, J.

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