Madras High Court
K.Gopalan vs The Commissioner on 11 July, 2025
Author: Mohammed Shaffiq
Bench: Mohammed Shaffiq
W.P. No.25094 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P. No.25094 of 2025
1. K.Gopalan
2. P.Govindan ... Petitioner(s)
Vs.
1. The Commissioner,
Land Survey and Settlement,
Commissionerate Chennai.
2. The District Collector,
Salem.
3. The Tahsildar,
Mettur, Salem District.
4. The Sub Inspector of Survey,
Taluk Office Mettur, Salem.
5. The Village Administrative Officer,
Mallikundam Village, Mecheri, Mettur,
Salem District. ... Respondent(s)
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying to issue a Writ of Mandamus, to direct the 3rd respondent to 5th
respondent to survey the application mentioned lands and for demarcation of the
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W.P. No.25094 of 2025
boundaries in the survey number 171/1A, 171/1C, 172/1B, 172/1D, 192/2H,
171/1B, 172/1A, 172/1C, 192/2G based on the applications dated 06.11.2024
and consequently direct the 3rd respondent to 5th respondent to furnish the copy
of the survey report to the petitioner.
For Petitioner(s) : Mr.S.Periasamy
For Respondent(s) : Mr.P.Sathish
Additional Government Pleader
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
2. The present writ petition is filed praying for a writ of mandamus, to direct the respondents 3 to 5, to survey and demarcate the lands comprised in Survey Nos.171/1A, 171/1C, 172/1B, 172/1D, 192/2H, 171/1B, 172/1A, 172/1C, and 192/2G, based on the applications dated 06.11.2024.
3. It is submitted by the learned counsel for the petitioners that the property comprised in Survey Nos.171, 172 and 192, situated in Mallikundam Village, Mettur Taluk, Salem, originally belonged to petitioners grandfather one Raman. 1st Petitioner's father one Krishnan and 2nd petitioner's father one Ponnusamy, inherited the property from petitioners grandfather and entered into 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/08/2025 03:35:44 pm ) W.P. No.25094 of 2025 an arrangement whereby property comprised in Survey No.171/1A, 171/1C, 172/1B, 172/1E and 192/2H was allotted to the 1st petitioner's father. While property comprised in 171/1B, 172/1A, 172/1C and 192/2G was allotted to 2nd petitioner's father. It is further submitted that there is a well in Survey No.171/1D which is used by both the petitioners family.
3.1. It is submitted by the learned counsel for the petitioners that with a view to demarcate the land, 1st petitioner (legal heir of Krishnan) submitted an application on 06.11.2024 before 3rd respondent seeking to conduct survey in respect of property comprised in Survey Nos.171/1A, 171/1C, 172/1B, 172/1E, 192/2H and 171/1D and had paid necessary charges. The 2nd petitioner (legal heir of Ponnusamy) also submitted an application on 06.11.2024 before 3 rd respondent seeking to conduct survey in respect of property comprised in Survey Nos. 171/1B, 172/1A, 172/1C and 192/2G and had paid necessary charges.
3.2. It is submitted by the learned counsel for the petitioners that on 20.02.2025, the Land Surveyor, VAO, Mallikundam, measured the lands comprised in Survey Nos.192/2H and 192/2G and did not measure the lands comprised in other survey numbers. Aggrieved by the same, the present writ petition has been filed before this Court.
4. On this being pointed out, the learned Additional Government Pleader 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/08/2025 03:35:44 pm ) W.P. No.25094 of 2025 would submit that they would consider the petitioners applications dated 06.11.2024 and carry out a survey in respect of the remaining survey numbers and complete the process within a time frame which may be fixed by this Court, which was agreed to by the learned counsel for the petitioner.
5. In view thereof, the writ petition stands disposed of with a direction to the respondents 3 to 5 to consider petitioners applications dated 06.11.2024 and carry out a survey in respect of the remaining survey numbers and complete the process within a period of 8 weeks from the date of uploading of web copy without waiting for the receipt of certified copy, after giving prior notice to the petitioner, adjacent land owners and other interested parties including rival claimants if any. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. No costs.
11.07.2025 Speaking (or) Non Speaking Order Index : Yes/ No Neutral Citation: Yes/No spp 4/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/08/2025 03:35:44 pm ) W.P. No.25094 of 2025 To:
1. The Commissioner, Land Survey and Settlement, Commissionerate Chennai.
2. The District Collector, Salem.
3. The Tahsildar, Mettur, Salem District.
4. The Sub Inspector of Survey, Taluk Office Mettur, Salem.
5. The Village Administrative Officer, Mallikundam Village, Mecheri, Mettur, Salem District.5/6
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spp W.P. No.25094 of 2025 11.07.2025 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/08/2025 03:35:44 pm )