A.Shanmugam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 03.10.2025
CORAM
THE HON'BLE Mr. JUSTICE P.B.BALAJI and W.M.P.No.42302 of 2025 1.A.Shanmugam 2.S.Revathy 3.Kaviraj ... Petitioners Vs.
1.The District Collector, Erode District.
2.The Revenue Divisional Officer, Gobichettipalayam, Erode District.
3.The Inspector of Police, Bhavani Police Station, Erode District.
4.The Surveyor, Bhavani Taluk, Erode District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the fourth respondent to measure the properties bearing (i)S No.66/2 measuring to an extent of 1.28 hectares (ii) S No.67/2A measuring to an extent of 0.33.87 hectares and (iii) S No.67/2B measuring to an extent of 1.81.63 1/7
hectares situated as Kalpavi Village, Bhavani Taluk, Erode District to survey the lands and earmark the boundaries based on this petitioner application Nos.2025/0123/10/006600, 2025/0123/10/006601 and 2025/0123/10/006602 dated 29.09.2025 to put up fencing with the help of the third respondent within time frame fixed by this Court. For Petitioners : Ms.V.Jayavigneshwari For Respondent : Mr.S.J.Mohamed Sathik, GA Nos.1, 2 & 4 For Respondent-3 : Mr.L.Baskaran, GA (Crl. Side)
O R D E R
Mr.S.J.Mohamed Sathik, learned Government Advocate takes notice on behalf of the respondents 1, 2 & 4 and Mr.L.Baskaran, learned Government Advocate (Crl. Side) takes notice on behalf of the third respondent. With the consent of both sides, this Writ Petition is taken up for final disposal at the stage of admission itself.
2. This Writ Petition has been filed seeking a direction to the fourth respondent to measure the properties bearing (i)S No.66/2 measuring to an extent of 1.28 hectares (ii) S No.67/2A measuring to an extent of 0.33.87 hectares and (iii) S No.67/2B measuring to an extent of 2/7
1.81.63 hectares situated as Kalpavi Village, Bhavani Taluk, Erode District to survey the lands and earmark the boundaries based on the petitioner's application Nos.2025/0123/10/006600, 2025/0123/10/006601 and 2025/0123/10/006602 dated 29.09.2025 to put up fencing with the help of the third respondent within a time frame as fixed by this Court.
3. The learned counsel for the petitioners would submit that the petitioners are the owner of the aforesaid properties. Initially, the petitioners filed an application on 24.11.2024 for surveying the subject properties. Since, no steps were taken to survey the subject properties, the petitioners filed one more application to the respondents on 29.09.2025 and he has also paid necessary fees along with aforesaid application. However, the petitioners' application was not considered by the respondent till date, thus the present writ petition has been filed before this Court.
4. The learned Government Advocate appearing for the respondents 1, 2 and 4 would submit that the respondent concerned would consider the petitioners' application and carry out the survey and 3/7
fix boundary stones at the subject property within a time frame as fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. Considering the limited scope of prayer sought for by the petitioner, the writ petition stands disposed of with the direction to the 4th respondent to consider the application of the petitioners dated 29.09.2025, carry out a survey, demarcate the property and thereafter fix boundary stones at the subject property, within a period of 4 weeks from the date of receipt of a copy of this order after giving prior notice and reasonable opportunity of hearing to the petitioner, adjacent land owners and other interested parties, including rival claimants, if any. If there is any objection from the neighbours, the same shall also be dealt within the power and jurisdiction of the surveying authorities. The respondents are at liberty to seek police protection, if need arises. No costs.
6. With the above directions, this writ petition is disposed of. No costs.
4/7
7. WMP.No.42302 of 2025 filed seeking to permit the petitioners 1 to 3 to join together and file single writ petition is allowed. 03.10.2025 Speaking/Non-speaking order Index : Yes / No arr/DP To 1.The District Collector, Erode District.
2.The Revenue Divisional Officer, 5/7
Gobichettipalayam, Erode District.
3.The Inspector of Police, Bhavani Police Station, Erode District.
4.The Surveyor, Bhavani Taluk, Erode District.
6/7
P.B.BALAJI, J.
arr/DP 03.10.2025 7/7
8/7