S.Karuppiah v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Karuppiah ... Petitioner Vs.
1. The District Collector, Namakkal District, Namakkal.
2. The Tahsildar, Mohanur Taluk, Namakkal District.
3. P.Periyasamy ... Respondents (R3 impleaded as per order dated 22.02.2024 in W.M.P.No.1251 of 2024 in W.P.No.35744 of 2023 by PVJ) PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the respondents to survey and fix the boundaries of the petitioner's land situated in M.Mettupatti Village, Mohanur Taluk, Namakkal District, comprised in
Survey Nos.554/2B and 558/6 (part) in an extent of 0.15.5 and 0.54.0 hectares respectively by considering the petitioner's representation dated 17.10.2023.
For Petitioner :
Mr.S.Senthil For Respondents :
Mr.P.Sathish Addl. Govt. Pleader for R1 & R2 No appearance for R3
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 1 & 2 to survey and fix the boundaries comprised in Survey Nos.554/2B and 558/6 (part) measuring an extent of 0.15.5 and 0.54.0 hectares situated at M.Mettupatti Village, Mohanur Taluk, Namakkal District pursuant to the representation submitted by petitioner on 17.10.2023.
2. The case of the petitioner is that the petitioner had purchased the property comprised in Survey Nos.554/2B and 558/6 (part) situated at M.Mettupatti Village, Mohanur Taluk, Namakkal District vide sale deed
dated 23.02.2011 registered as Document No.1639 of 2011. Ever since, petitioner has been in continuous possession and enjoyment of the subject property. A joint patta in Patta No.1923 was issued in favour of petitioner in respect of the subject property. Petitioner wanted a survey to be conducted. Therefore, he made a representation to second respondent on 17.10.2023 to survey and fix boundaries in the subject property and has paid necessary fee. However, the same was not considered by second respondent. Hence, the present writ petition.
3. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader appearing for respondents 1 & 2 that petitioner's representation dated 17.10.2023 would be considered and survey would be conducted in petitioner's land, within a time frame to be fixed by this Court, which was agreed to by learned counsel for petitioner
4. In view thereof, this Writ Petition stands disposed of with a direction to the concerned respondent to consider petitioner's representation
dated 17.10.2023 to carry out survey and fix the boundaries in respect of the subject property and pass appropriate orders after putting petitioner, third respondent, joint pattadhars and any other interested parties / rival claimants, if any, on notice within a period of eight weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. In the meantime, if Police protection is required while conducting survey, second respondent would approach the concerned jurisdictional Police Station. If any such request is made, the concerned jurisdictional Police is directed to provide adequate police protection for conducting survey. 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 case on its own merits and in accordance with law. No costs. 27.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji
To
1. The District Collector, Namakkal District, Namakkal.
2. The Tahsildar, Mohanur Taluk, Namakkal District.
MOHAMMED SHAFFIQ, J.
vji 27.06.2025