Madras High CourtWP/28673/2025disposed of

K.Sukumar v. The District Collector

2025-08-08Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Sukumar ... Petitioner Vs.

1. The District Collector, O/o. District Collector, Nagapattinam District.

2. The District Revenue Officer, O/o. District Revenue Officer, Nagapattinam District.

3. The Revenue Divisional Officer, O/o. Revenue Divisional Officer, Nagapattinam.

4. The Tahsildar, O/o. Tahsildar, Nagapattinam Taluk.

5. The Revenue Inspector, O/o. Revenue Inspector,

6. The Village Administrative Officer, O/o. Village Administrative Office,

7. The Sub Registrar, O/o. Sub Registrar, Nagore, Nagapattinam District.

8. Mohammed Nazeer ... Respondents Prayer : This petition has been filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, directing the 5th respondent to conduct a field inspection and submit a report in pursuant to a memorandum in Na.ka.2131/2025/A3 dated 05.06.2025, and consequently direct the 3rd respondent to rectify the erroneous survey sub-division in respect of Survey No. 66/6, Radharampur Village, within a time frame fixed by this Court.

For Petitioner :

Mr. U.Kathiravan For Respondents :

Mr. S.J.Mohammed Sathik, Government Advocate (R1 to R7)

O R D E R

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 the 8th respondents is dispensed with.

2. The present writ petition is filed praying for a Writ of Mandamus to direct the 5th respondent to conduct a field inspection and submit a report in pursuant to a memorandum in Na.ka.2131/2025/A3 dated 05.06.2025 and consequently, direct the 3rd respondent to rectify the erroneous survey sub-division in respect of Survey No. 66/6, Radharampur Village, within a time frame fixed by this Court.

3. At the outset, Mr. S.J.Mohammed Sathik, learned Government Advocate for the respondents 1 to 7 would submit that the petitioner request is under consideration and as a matter of fact, Tahsildar has been required to submit a report and the said report is awaited. He would further submit that they would consider the request of the petitioner and conduct survey and mark boundaries of the subject property within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the 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 concerned respondent shall consider the request of the petitioner to conduct survey and rectification of the sub division of the subject property in accordance with law, after issuing notice to petitioner, 8th 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 respondents to call for any document/conduct enquiry, to satisfy itself of 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 the matter on its own merits and in accordance with law. Rights and contentions of the petitioner, 8th respondent and all other interested parties are left open.

5. There will be no order as to costs.

08.08.2025 Index: Yes/No Speaking /Non-speaking order Maya To

1. The District Collector, O/o. District Collector, Nagapattinam District.

2. The District Revenue Officer, O/o. District Revenue Officer, Nagapattinam District.

MOHAMMED SHAFFIQ, J.

Maya