Senthamilselvi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Senthamilselvi : Petitioner Vs.
1.The District Collector, Salem District.
2.The Revenue Divisional Officer, Attur Taluk, Salem District.
3.The Tahsildar, Attur Taluk, Salem District.
4.The Taluk Surveyor, Attur Taluk, Salem District.
5.The Village Administrative Officer, Karaimedu Village, Arasanantham Post, Attur Taluk, Salem District.
6.Poomalai 7.Chelladurai : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, 1/6
praying to issue Writ of Certiorarified Mandamus calling for the records of the impugned order dated 25.05.2025 passed by the fourth respondent and quash the same as arbitrary, unlawful and violation of principle of Natural justice and consequently direct the fourth respondent herein to survey and fix the boundaries of the petitioner's land situated at S.Nos.413/7, 414/2A1B, 414/2A2B, 414/2B1B, 414/3A2 and 414/3B2 admeasuring total extent of 2.47 1/2 acres at Keeripatti Village, Attur Taluk, Salem District as per Sale Deed dated 12.07.2024 registered as Doc No.1577 of 2024 before the SRO, Thammampati. For Petitioner : Mr.P.Sathishkumar For Respondents : Mr.P.Sathish Additional Government Pleader for R1 to R5
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 Nos.6 and 7 is dispensed with.
2. The present writ petition is filed challenging the impugned order dated 25.05.2025 passed by the fourth respondent and consequently direct the fourth respondent herein to survey and fix boundaries to the petitioner's land comprised in S.Nos.413/7, 414/2A1B, 414/2A2B, 414/2B1B, 414/3A2 and 414/3B2 2/6
admeasuring a total extent of 2.47 1/2 acres situated at Keeripatti Village, Attur Taluk, Salem District as per Sale Deed dated 12.07.2024 registered as Doc No.1577 of 2024 before the SRO, Thammampati.
3. At the outset, it is submitted by learned Additional Government Pleader for respondents 1 to 5 that the impugned communication dated 25.05.2025 is misconceived inasmuch as it is only an internal communication and does not in any manner affect the petitioner's right. In any view, he would submit that petitioner's request for survey would be considered after issuing notice to the petitioner, respondents 6 and 7, adjacent land owners and all other interested parties including rival claimants, if any and parties to the suit, in case any civil suit is pending in respect of subject property 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: 3/6
i) The Impugned order is set aside. The concerned respondent shall consider petitioner's online application dated 06.02.2025 for survey, in accordance with law, after issuing notice to the petitioner, respondents 6 and 7, adjacent land owners and all other interested parties including rival claimants, if any and parties to the suit, in case any civil suit is pending in respect of subject property 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 fourth 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 twelve (12) 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 and all other interested parties are left open.
5. Accordingly, the writ petition stands disposed of. There will be no order as to costs.
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Speaking (or) Non Speaking Order mrn To 1.The District Collector, Salem District.
2.The Revenue Divisional Officer, Attur Taluk, Salem District.
3.The Tahsildar, Attur Taluk, Salem District.
4.The Taluk Surveyor, Attur Taluk, Salem District.
5.The Village Administrative Officer, Karaimedu Village, Arasanantham Post, Attur Taluk, Salem District.
MOHAMMED SHAFFIQ, J.
(mrn) 5/6
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