S.Muthusamy v. The Surveyor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.08.2025 Coram:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Muthusamy ... Petitioner

Versus

1.The Surveyor, Kuttapatti, Mettur Taluk, Salem District.

2.The Tahsildar, Mettur Taluk, Mettur, Salem District.

3.The District Collector, Salem District, Salem.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 & 2 herein to conduct survey, measure and demarcate the lands of the petitioner, situated at S.No.25/1A, 25/2, 25/3, 29/3B, 7A/2A, measuring a total extent of 1 Hectare and 45.50 Ares situated at Kuttapatti Village, Mettur Taluk, Salem District.

For Petitioner :

Mr.K.Rajasekaran For Respondents :

Mr.A.Selvendran, Special Government Pleader 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 relief sought in this writ petition is to direct the respondents 1 & 2 to conduct survey, measure and demarcate the petitioner's lands comprised in S.Nos.25/1A, 25/2, 25/3, 29/3B & 7A/2A, measuring a total extent of 1 Hectare and 45.50 Ares situated at Kuttapatti Village, Mettur Taluk, Salem District.

3. At the outset, the learned Special Government Pleader appearing for the respondents submitted that the petitioner submitted an Online Application dated 30.05.2024, only for surveying the lands comprised in S.Nos.25/1A, 25/2 & 25/3 and not for surveying the lands comprised in S.Nos.29/3B & 7A/2A. Therefore, it is submitted that the respondents 1 & 2 would consider the petitioner's Online Application dated 30.05.2024, for surveying the lands comprised in S.Nos.25/1A, 25/2 & 25/3. So far as petitioner's request for surveying the lands comprised in S.Nos.29/3B & 7A/2A is concerned, petitioner may have to submit a separate Online 2/6

Application.

3.1. It is further submitted by the learned Special Government Pleader for the respondents that if the petitioner submits a separate Online Application for surveying the lands comprised in S.Nos.29/3B & 7A/2A and pay the necessary fees, the respondents 1 & 2 would consider the same, within a time frame to be stipulated by this Court.

4. The above submission made by the learned Special Government Pleader for the respondents has been fairly conceded by the learned counsel for the petitioner.

5. In view of the above, this Court is inclined to dispose of this Writ Petition on the following terms:

i) The 1st and 2nd respondent shall consider the petitioner's application dated 30.05.2024, seeking to survey the lands comprised in S.Nos.25/1A, 25/2 & 25/3, situated at Kuttapatti Village, Mettur Taluk, Salem District, in accordance with law, after issuing notice to the petitioner, adjacent land owner and all other interested parties including rival claimants, if any, within a period of 4 weeks from the date of uploading of order copy without 3/6

waiting for the receipt of certified copy.

(ii) It is open to the petitioner to submit an Online Application for surveying the lands comprised in S.Nos.29/3B & 7A/2A situated at Kuttapatti Village, Mettur Taluk, Salem District. On submission of such Online Application by the petitioner, the respondents 1 & 2 shall consider the same and conduct survey and complete the process after issuing notice to the petitioner, adjacent land owners and all other interested parties, if any, within a period of eight weeks from the date of petitioner's application. (iii) 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 1 & 2 to call for any document/conduct enquiry to satisfy itself of the petitioner's entitlement for requesting survey of subject property.

(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 respondents 1 & 2 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. No costs.

28.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 4/6

To 1.The Surveyor, Kuttapatti, Mettur Taluk, Salem District.

2.The Tahsildar, Mettur Taluk, Mettur, Salem District.

3.The District Collector, Salem District, Salem.

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MOHAMMED SHAFFIQ, J.

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