P.Moorthi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2025
CORAM:
THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.16426 of 2025 P.Moorthi ... Petitioner Vs.
1. The District Collector, Theni District, Theni.
2. The Tahsildar, Taluk Office, Bodinaickanur Taluk, Theni District.
3. The Taluk Surveyor, Taluk Office, Bodinaickanur.
4. Manthiri ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 2nd and 3rd respondent to survey the petitioner's property situated at Uppukkottai Village in S.No.19/5 and 19/7 to the extent of one acre and 2 cents lands purchased through Registered Sale Deed in document no.227/2023 by the 1/6
petitioner on the basis of the online application submitted on 06.01.2025 and to consider the representation of the petitioner submitted to the District Collector, Theni, on 19.05.2025, sent through Registered post with Acknowledgment card for taking action to survey the petitioner's property. For Petitioner : Mr.K.Abiya For R1 to R3 : Mr.A.Baskaran Additional Government Pleader
ORDER
The writ petition is filed seeking direction to the respondents 2 and 3 to survey the petitioner's property in S.Nos.19/5 and 19/7 in Uppukkottai Village, Bodinaickanur Taluk, Theni District, by considering the petitioner's online application dated 06.01.2025.
2. Heard the learned counsel for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader, who takes notice for the respondents 1 to 3.
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3. By consent of both parties, the writ petition is taken up for final disposal at the stage of admission itself.
4. It is the case of the petitioner that the subject property was purchased by him under a registered Sale Deed dated 07.01.2023. The Patta for the subject property was also stands in the name of the petitioner in Patta No.3806. The petitioner submitted an online application on 06.01.2025, seeking survey of the subject property and the same has not been considered. Hence, the petitioner has come before this Court.
5. The learned Additional Government Pleader who takes notice for the respondents 1 to 3 would submit that the 3rd respondent issued a notice to the petitioner and the neighboring land owners fixing date for survey of the property on 16.04.2025. Since there was an obstruction by the neighboring land owners including the 4th respondent, survey could not be completed.
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6. In view of the same, without expressing any opinion on the merits of the matter, the respondents 2 and 3 are directed to conduct an enquiry by issuing notice to the petitioner, 4th respondent and other neighboring land owners and pass final orders on its own merits based on the representation of the petitioner dated 19.05.2025 for survey of the subject property within a period of twelve (12) weeks from the date of receipt of a copy of this order.
7. Accordingly, this writ petition is disposed of. No costs. 19.06.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6
To
1. The District Collector, Theni District, Theni.
2. The Tahsildar, Taluk Office, Bodinaickanur Taluk, Theni District.
3. The Taluk Surveyor, Taluk Office, Bodinaickanur.
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S.SOUNTHAR , J.
rgm W.P.(MD).No.16426 of 2025 19.06.2025 6/6