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Madras High CourtWP/47650/2025disposed of

Surya v. The District Collector

2025-12-08Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2025 CORAM :

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.

47650 of 2025 Surya ... Petitioner Vs.

1.The District Collector, Salem District, Tamil Nadu.

2. The Tahsildar, Mettur Taluk Office, Mettur, Salem District.

3. The Taluk Surveyor, Mettur Taluk Office, Mettur, Salem District.

4. Inspector of Police, Nangavalli Police Station, Salem District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 28.08.2025 and to measure the property Page No.1 of 6

bearing Survey Nos. 273/11 (0.22.00 Ha approx. 54.36 cents) and 273/6D2A (0.06.50 Ha approx. 16.06 cents), Joint Patta Nos.3337 and 1387, Periyasoragai Village, Mettur, Salem District totally to an extent of 0.28.50 Hectares (approx 70.42 cents) to erect boundary stones and issue a separate Patta in petitioner name.

For Petitioner : Mr.C.Mohanraj For Respondents : Mr.R.P.Murugan Raja Government Advocate [R1 to R3] Mr.r.Venkatesa Perumal Government Advocate (Crl.Side) [R4] *****

ORDER

This Writ Petition has been filed seeking for survey and demarcation of the properties morefully described in the prayer to this writ petition.

2. Learned counsel for the petitioner fairly submits that since the property in Survey No.273/11 measuring 54.36 cents is the subject matter of the suit in O.S.No.835 of 2025 on the file of the I-Additional District Judge, Salem, Page No.2 of 6

the said property can be excluded while surveying and demarcating the boundaries. He further submits that it would suffice if a direction is issued by this Court to the respondents to survey and demarcate the boundaries of the properties morefully described in the prayer to this writ petition excluding Survey No.273/11 measuring 54.36 cents, which is the subject matter of the suit in O.S.No.835 of 2025.

3. Mr.V.Sekar, learned counsel for the plaintiff, who is also the counsel in O.S.No.835 of 2025 pending on the file of the I - Additional District Judge, Salem, is also appeared before this Court, and he is satisfied with the submission made by the learned counsel for the petitioner, namely, that the Survey No.273/11 measuring 54.36 cents, which is the subject matter of the suit, can be excluded while a direction is issued to the respondents to survey and demarcate the boundaries pertaining to the other properties morefully described in the prayer to this writ petition.

Page No.3 of 6

4. Mr.R.P.Murugan Raja, learned Government Advocate, accepts notice on behalf of the respondents 1 to 3, and Mr.R.Venkatesa Perumal, learned th respondent.

Government Advocate (Crl.Side), accepts notice on behalf of the 4

5. No prejudice would be caused to any of the respondents, if the properties morefully described in the prayer to this writ petition excluding the Survey No.273/11 measuring 54.36 cents, are surveyed and boundaries are demarcated, within a time frame to be fixed by this Court, after hearing the objections, if any, from the neighbouring land owners as well as any other party as they deem fit. Accordingly, this writ petition is disposed of in the following manner:- (a) Before surveying the lands in question, the respondents 2 and 3 are directed to issue notice to the neighbouring land owners and also to any other party, if they deem fit to put on notice.

(b) After receiving objections if any and after Page No.4 of 6

considering the same, the respondents 2 and 3 shall conduct survey and demarcate the boundaries of the properties, morefully described in the prayer to this writ petition, excluding Survey No.273/11 measuring 54.36 cents, on merits and in accordance with law, within a period of twelve [12] weeks from the date of receipt of a copy of this order. (c) If the need arises for police assistance and on a request made by the 2 nd respondent, the 4 th respondent shall render police assistance for the effective implementation of this order.

No Costs.

08.12.2025 Index : Yes / No Speaking order / Non-speaking order Mac Page No.5 of 6

ABDUL QUDDHOSE, J.

Mac To

1. The District Collector, Salem District, Tamil Nadu.

2. The Tahsildar, Mettur Taluk Office, Mettur, Salem District.

3. The Taluk Surveyor, Mettur Taluk Office, Mettur, Salem District.

4. Inspector of Police, Nangavalli Police Station, Salem District.

W.P.No.

47650 of 202 08.12.2025 Page No.6 of 6