Sengodagounder v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Sengodagounder : Petitioner Vs.

1.The District Collector, Salem, Salem District 2.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Mettur, Salem District 3.The Tahsildar, Office of the Tahsildar, Omalur, Salem District 4.The Head Surveyor, Omalur, Omalur Taluk, Salem District : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the respondents to conduct survey and measure the land and boundaries of the property admeasuring to an extent of 0.81.50 hectares comprised in Survey Number 223/2B situated at Muthanaikenpatti village, Omalur Taluk, Salem District by considering the application No.2025/0123/08/012102 dated 5.8.2025.

For Petitioner : Mr.K.Prabhakaran 1/5

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 present writ petition is filed praying for a writ of mandamus to direct respondents to conduct survey and measure the land and boundaries to the property comprised in Survey Number 223/2B admeasuring an extent of 0.81.50 hectares situated at Muthanaikenpatti village, Omalur Taluk, Salem District by considering the application No.2025/0123/08/012102 dated 05.08.2025.

3. At the outset, it is submitted by learned Government Advocate for respondents that the application dated 05.08.2025 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: 2/5

i) The respondents shall consider the application dated 05.08.2025 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 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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29.08.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, Salem, Salem District 2.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Mettur, Salem District 3.The Tahsildar, Office of the Tahsildar, Omalur, Salem District 4.The Head Surveyor, Omalur, Omalur Taluk, Salem District 4/5

MOHAMMED SHAFFIQ, J.

(mrn) 29.08.2025 5/5