P.Arul v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ P.Arul Petitioner(s) Vs 1.The District Collector, Salem District, Salem.
2.Thasildar, Omalur Taluk, Salem.
3.The Surveyor, Omalur Taluk, Salem.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 2nd respondent to measure the petitioner's land and fix a boundary in S.No.60/10A to an extent of 5 cents in S.No.60/10 B2 to an extent of 12.5 cents and in S.No.60/10C2 to an extent of 8 cents to a total extent of 25.5 cents at Karukal Vaadi Village, Omalur Village and Salem District on the basis of his application dated 20.11.2024. For Petitioner(s) : Mr.Hemanathan For Respondent(s) : Mr.P.Ganesan Government Advocate 1/6
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 the 2nd respondent to measure petitioner's land comprised in Survey Nos.60/10A, 60/10B2 and 60/10/C2.
3. It is submitted by the learned counsel for petitioner that petitioner submitted an application before the 2nd respondent on 20.11.2024 seeking survey of the lands comprised in Survey Nos.60/10A, 60/10 B2 and 60/10 C2 measuring an extent of 5 cents, 12.05 cents and 25.5 cents respectively situated at Karukal Vaadi Village, Omalur Village and Salem District and has also paid the appropriate fee. It is stated that the same has been kept pending, thereafter petitioner submitted representation on 21.11.2024, which has not been considered by the respondents till date. Hence this writ petition.
4. At the outset, it is submitted by Mr.P.Ganesan, learned Government Advocate for respondents that they would consider the petitioners' application dated 20.11.2024 and representation dated 21.11.2024 seeking survey of the 2/6
subject property and pass appropriate orders in accordance with law after issuing notice and after affording reasonable opportunity of hearing to the petitioner, adjacent land owners and other interested parties within a time frame to be fixed by this Court.
6. In view thereof, the writ petition stands disposed of with the following directions:
i) The respondents shall consider the application dated 20.11.2024 and representation dated 21.11.2024 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, if any, while considering the application dated 20.11.2024 and representation dated 21.11.2024. 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. 05.08.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6
To:
1.The District Collector, Salem District, Salem.
2.Thasildar, Omalur Taluk, Salem.
3.The Surveyor, Omalur Taluk, Salem.
5/6
MOHAMMED SHAFFIQ, J.
mka 05.08.2025 6/6