A.Suriyabalan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Suriyabalan ... Petitioner Vs.

1. The District Collector, Office of the Collectorate, Salem District.

2. The Tahsildar, Office of Tahsildar, Yercaud Taluk, Salem District.

3. The Head Surveyor, Office of Tahsildar, Yercaud Taluk, Salem District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the respondents 2 & 3 to measure the petitioner's property in Survey No.73/1A, to an extent of about 1 acre 39 1⁄2 cents and in Nagalur Village Panchayat, Muluvitharappu, Yercaud Taluk, Salem District by disposing of the petitioner's online application dated 17.06.2025 vide Challan No.20250617019119.

For Petitioner :

Ms.V.Ranjitha For Respondents :

Mr.J.Mohammed Sathik Government Advocate

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.

2. This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 2 & 3 to conduct survey pursuant to the online application submitted by petitioner on 17.06.2025.

3. It is submitted by learned counsel for petitioner that petitioner submitted an online application on 17.06.2025 to respondents seeking to conduct survey in the subject property comprised in Survey No.73/1A, measuring an extent of 1 acre 39 1⁄2 cents situated at Nagalur Village Panchayat, Muluvitharappu, Yercaud Taluk, Salem District and has also paid appropriate fees. Since the same was not considered, present writ petition has been filed before this Court.

4. At the outset, it is submitted by Mr.S.J.Mohammed Sathik, learned Government Advocate appearing for respondents that they will consider petitioner's application and survey petitioner's land within a time frame to be fixed by this Court, which was agreed to by learned counsel for petitioner.

5. 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 application dated 17.06.2025 in accordance with law and conduct survey of the subject property, after issuing notice to 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 concerned respondent 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 twelve weeks (12) 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 view 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 petitioner and all other interested parties are left open.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

25.08.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The District Collector, Office of the Collectorate, Salem District.

2. The Tahsildar, Office of Tahsildar, Yercaud Taluk, Salem District.

3. The Head Surveyor, Office of Tahsildar, Yercaud Taluk, Salem District.

MOHAMMED SHAFFIQ, J.

vji 25.08.2025