C.Mallika v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 28.08.2025 Coram:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Mrs.C.Mallika
...Petitioner
Versus
1.The Collector, Salem District, Salem - 636 001.
2.The Revenue Divisional Officer, Salem Revenue Division, Salem - 636 005.
3.The Tahsildar (Salem West), Salem West Taluk, Sooramangalam, Salem - 636 005.
4.The Town Surveyor (Land Surveyor), Land Survey Division, Office of the Tahsildar, Salem West Division, Sooramangalam, Salem District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to conduct a proper survey and demarcation of the petitioner's lands situated at 1/6
Mallamooppampatti Village, Suramangalam, Salem West Taluk, Salem District in Survey Nos.14/5B, 27/11A, 27/12, 27/13A1, 27/21 and 27/9 based on Settlement Deed dated 19.11.2018 bearing Document No.7456/2018 and petitioner's Application dated 21.04.2025 bearing Receipt No.2025/0123/08/009551 within the time stipulated by this Court. For Petitioner :
Mr.S.Modharshini For Respondents :
Mr.S.J.Mohammed Sathik, Government Advocate
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 to conduct a proper survey and demarcation of petitioner's lands comprised in Survey Nos.14/5B, 27/11A, 27/12, 27/13A1, 27/21 and 27/9 situated at Mallamooppampatti Village, Suramangalam, Salem West Taluk, Salem District (hereinafter referred to as "subject property") based on Settlement Deed dated 19.11.2018 bearing Document No.7456/2018 and petitioner's Application dated 21.04.2025 bearing Receipt No.2025/0123/08/009551, within a time frame to be stipulated by this Court. 2/6
3. At the outset, learned Government Advocate appearing for the respondents submitted that the concerned respondent would consider the petitioner's Online Application dated 21.04.2025, within a time frame to be fixed by this Court.
4. The above submission made by the learned Government Advocate for the respondents has been fairly conceded by the learned counsel for the petitioner.
5. In view of the limited relief sought by the petitioner, this Court is inclined to dispose of this Writ Petition on the following terms: (i) The concerned respondent shall consider the petitioner's Online Application dated 21.04.2025, 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 concerned respondent to call for any document/conduct enquiry to satisfy 3/6
itself of the petitioner's entitlement for requesting survey of subject property.
(iii) The concerned respondent shall complete the entire process within a period of twelve weeks from the date of uploading of the web copy of this order without waiting for the receipt of a certified copy of this order. (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. No costs.
28.08.2025 mrr Index : Yes/No Speaking Order (or) Non-Speaking Order 4/6
To 1.The Collector, Salem District, Salem - 636 001.
2.The Revenue Divisional Officer, Salem Revenue Division, Salem - 636 005.
3.The Tahsildar (Salem West), Salem West Taluk, Sooramangalam, Salem - 636 005.
4.The Town Surveyor (Land Surveyor), Land Survey Division, Office of the Tahsildar, Salem West Division, Sooramangalam, Salem District.
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MOHAMMED SHAFFIQ, J.
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