C.Kabilan v. The Commissioner Of Survey And Settlement

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ C.Kabilan : Petitioner Vs.

1.The Commissioner of Survey and Settlement, Survey House, Chepauk, Chennai 600 005 2.The District Collector, Collectorate, Salem District 3.The Assistant Director of Survey & Land Records, P/A to District Collector, District Survey Office, Salem District 4.The Tahsildar, Taluk Office, Attur Taluk, Salem District 5.The Surveyor, Taluk Office, Attur Taluk, Salem District : Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the 4th and 5th respondents to take immediate and appropriate action to survey the petitioner's land bearing survey No.202/5B situated at Narasingapuram Village, Attur Taluk, Salem District based on the petitioner's representation dated 18.07.2024 within a time frame fixed by this Court.

For Petitioner :

Mr.C.Rajaguru For Respondents :

Mr.A.Selvendran, Special Government Pleader, for respondents 1 to 5

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 to direct the respondents 4 and 5 to survey the petitioner's land comprised in Survey No.202/5B situated at Narasingapuram Village, Attur Taluk, Salem District based on petitioner's representation dated 18.07.2024 within a time frame fixed by this Court.

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3. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents 1 to 5 that the representation dated 18.07.2024 submitted by the petitioner would be considered 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: i) The respondents 4 and 5 shall consider the representation dated 18.07.2024 in accordance with law, after issuing notice 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 4 and 5 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 eight (8) weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

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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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To 1.The Commissioner of Survey and Settlement, Survey House, Chepauk, Chennai 600 005 2.The District Collector, Collectorate, Salem District 3.The Assistant Director of Survey & Land Records, P/A to District Collector, District Survey Office, Salem District 4.The Tahsildar, Taluk Office, Attur Taluk, Salem District 5.The Surveyor, Taluk Office, Attur Taluk, Salem District 5/6

MOHAMMED SHAFFIQ, J.

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