Sufiya Banu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.12.2025

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER Sufiya Banu ... Petitioner(s) Vs.

1. The District Collector, O/o. the District Collector, Velu Nachiyar Complex, Dindigul District.

2. The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Dindigul District, Dindigul.

3. The Tahsildar, O/o. the Tahsildar, Nilakkottai Taluk, Dindigul District.

4. The Assistant Director, Survey and Land Records, Collectorate Complex, Dindigul District.

5. The Village Administrative Officer, Kanavaipatti Village, Nilakkottai Taluk, Dindigul District.

6. P.Krishna Moorthy ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 2 1/7

to 5 to survey the land in Survey No.348/1, situated at Kanavaipatti Village, Nilakkottai Taluk, Dindigul District, as per the original sketch compiled in Filed Measurement Book (FMB), on the basis of the proceedings issued by the 2nd respondent vide Na.Ka. No.5493/2023 A5 dated 25.07.2023 and submit report by considering the petitioners representation dated 26.06.2023.

For Petitioner :Mr.D.Shanmugaraja Sethupathi For Respondents :Mr.N.Ramesh Arumugam Government Advocate for R1 to R5 Mr.C.Vakeeswaran for R6

O R D E R

This writ petition has been filed seeking a direction to the respondents 2 to 5 to survey the land in Survey No.348/1, situated at Kanavaipatti Village, Nilakkottai Taluk, Dindigul District, as per the original sketch compiled in Filed Measurement Book (FMB), on the basis of the proceedings issued by the 2nd respondent vide Na.Ka. No. 5493/2023 A5 dated 25.07.2023 and submit report by considering the petitioners representation dated 26.06.2023.

2. The petitioner seeks the indulgence of this Court to direct the respondents 2 to 5 to conduct a survey and demarcate the boundaries of the aforementioned property, as requested in his application dated 26.06.2023. Learned counsel for the petitioner submits that despite 2/7

submitting the application, no action has been taken by the authorities. Aggrieved by this inaction, the petitioner has filed the present writ petition.

3. The learned counsel appearing for the sixth respondent submitted that, pursuant to the order of this Court dated 07.11.2022 in W.P.(MD) No. 25181 of 2022, a survey had already been conducted. However, the petitioner is now seeking a fresh survey of the very same land.

4. In response, the learned counsel for the petitioner submitted that although a survey was conducted earlier, a portion of the property has been encroached upon by the sixth respondent and therefore, a fresh survey along with a report is warranted.

5. Learned Government Advocate appearing for respondents 1 to 5 submits that the petitioner's representation will be considered on merits and in accordance with law.

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6. In view of the above submissions, without expressing any opinion on the merits of the matter, this writ petition is disposed of with a direction to the third respondent/Tahsildar to consider the petitioner's representation dated 26.06.2023 on merits and in accordance with law and pass appropriate orders in compliance with Sections 9 and 10 of the Tamil Nadu Land Survey and Boundaries Act, 1923, within a period of twelve weeks from the date of receipt of a copy of this order.

7. Such representation shall be considered and disposed of after conducting an inquiry, including issuing notice to the petitioner, the sixth respondent and the owners of adjoining lands and considering any objections from them. The third respondent is directed to provide a reasonable opportunity at such inquiry to the petitioner, the sixth respondent and any others who would be affected by such decision. There shall be no order as to costs. There shall be no order as to costs. (K.SURENDER, J) 17.12.2025 NCC :Yes/No Internet :Yes/No Index :Yes/No PKN 4/7

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To

1. The District Collector, O/o. the District Collector, Velu Nachiyar Complex, Dindigul District.

2. The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Dindigul District, Dindigul.

3. The Tahsildar, O/o. the Tahsildar, Nilakkottai Taluk, Dindigul District.

4. The Assistant Director, Survey and Land Records, Collectorate Complex, Dindigul District.

5. The Village Administrative Officer, Kanavaipatti Village, Nilakkottai Taluk, Dindigul District.

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K.SURENDER, J.

PKN 17.12.2025 7/7