M.Shanmugaraj v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.Shanmugaraj ... Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Director, The Land Survey and Records Department, Collectorate Office, Tenkasi District-626002.

3.The Tahsildar, Sivakiri Taluk, Tenkasi District.

4.The Surveyor, Sivakiri Taluk, Tenkasi District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the third respondent to conduct survey and to earmark the four boundaries of petitioner's patta

land in S.Nos.92/1 and 95/3 situated at Nelkattumseval Village, Sivagiri Taluk, Tenkasi District, on the basis of the petitioner's online application dated 06.02.2025.

For Petitioner : Mr.R.Niresh Kumar For R1 to R4 : Mrs.K.Malathi Additional Government Advocate

ORDER

This writ petition is filed seeking a direction to the third respondent to conduct survey and to earmark the four boundaries of petitioner's property situated in Survey Nos.92/1 and 95/3, Nelkattumseval Village, Sivagiri Taluk, Tenkasi District, by considering his online application dated 06.02.2025.

2.Heard the arguments of Mr.R.Niresh Kumar, learned counsel appearing for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader appearing for the respondents. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the petitioner, he purchased the subject property through a public auction conducted by authorised officer of the Central Bank of India, under the SARFASI proceedings. The sale certificate was issued in his favour on 08.08.2022. Subsequently, the revenue records were also mutated in favour of the petitioner in Patta Nos.4665 and 4666. On the strength of the above said documents, the petitioner submitted an online application before the respondents seeking survey of the property on 06.02.2025 in Application No.2025/0123/34/004862. The said application has not been considered. Hence, he has come before this Court.

4.The learned Additional Government Pleader appearing for the respondents would submit that one Pandiyarajan made an objection for survey of the subject property. Therefore, the survey has not been done. 5.In view of the same, without expressing any opinion on the merits of the matter, the respondents 3 and 4 are directed to consider the online application of the petitioner dated 06.02.2025 and pass final orders on its own merits within a period of eight weeks from the date of

receipt of a copy of this order, after issuing notice to the petitioner, neighbouring land owners and the above said Pandiyarajan. Accordingly, this Writ Petition is disposed of. No costs. 26.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Director, The Land Survey and Records Department, Collectorate Office, Tenkasi District-626002.

3.The Tahsildar, Sivakiri Taluk, Tenkasi District.

4.The Surveyor, Sivakiri Taluk, Tenkasi District.

S.SOUNTHAR ,J cp W.P.(MD)No.17280 of 2025 Dated: 26.06.2025