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2025 DAILYLAW 93196 (MAD)

M.ARUMUGAM v. THE DISTRICT COLLECTOR

WP/33309/2025 · 2025-09-10

Krishnan Ramasamy

Transfer Petitionbody2025

Judgment text

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W.P.No.33309 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 10.09.2025 CORAM THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY W.P.No.33309 of 2025 M.Arumugam ... Petitioner Vs. 1. The District Collector Tiruvallur District Collector Office, Tiruvallur District-602 001 2. The Tahsildar Avadi Taluk Office, Avadi Taluk, Chennai-54 3. The Head Surveyor Avadi Taluk Office, Avadi Taluk, Chennai-54 4. P.Loganathan 5. P.Bhaskar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, direct the 1st to 3rd respondents to 1/9 https://www.mhc.tn.gov.in/judis W.P.No.33309 of 2025 dispose of the survey application challan No.2025/0123/01/013270 filed by the petitioner dated 29.7.2025 by survey the petitioners land and measure his property and fix boundaries in Survey No.190/4B2 situated at Palavedu village,Avadi Taluk, Tiruvallur District and further directing the 1st to 2nd respondents to consider the petitioners representation letter dated 28.7.2025 in accordance with law For Petitioner : Mr.S.Ramajayam For Respondent : Mrs.S.Indhu Bala, AGP ORDER This writ petition has been filed to direct the respondents to consider the petitioner's representation dated 02.06.2025. 2. Mr.P.Ganesan, learned Government Advocate, takes notice on behalf of the respondents. 3. By consent of the parties, the main writ petition is taken up for disposal at the admission stage itself. 2/9 https://www.mhc.tn.gov.in/judis W.P.No.33309 of 2025 4. The learned counsel for the petitioner would submit that in this case, the petitioner is the absolute owner of the subject property. However, the respondents 4 & 5 have unlawfully encroached in the said property. Therefore, the petitioner submitted an application dated 29.07.2025 before the respondents 1 & 2 to survey and fix boundaries at the subject land. However, the said representation was not at all considered by the respondent till date. Hence, this writ petition. 5. In reply, the learned Additional Government Pleader appearing for the respondents 1 to 3 would request this Court to pass appropriate orders directing the respondents to consider and dispose of the representation filed by the petitioner. 6. Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the respondents and also perused the materials available on record. 3/9 https://www.mhc.tn.gov.in/judis W.P.No.33309 of 2025 7. In the case on hand, initially, the petitioner is the absolute owner of the subject property. However, the respondents 4 & 5 have unlawfully encroached in the said property. Therefore, the petitioner submitted an application dated 29.07.2025 before the respondents 1 & 2 to survey and fix boundaries at the subject land. However, the said representation was not considered by the respondents till date. 8. In view of the above, this Court directs the respondents to consider the petitioner's online application dated 29.07.2025 and dispose of the same on merits and in accordance with law after serving due notice to all the private respondents / aggrieved persons if any, within a period of 4 weeks from the date of receipt of copy of this order. 9. At this juncture, the learned Additional Government Pleader appearing for the respondents would submit that they are facing difficulties in surveying and fixing the boundary stones in the subject land due to obstructions viz., bushes and rocks. 4/9 https://www.mhc.tn.gov.in/judis W.P.No.33309 of 2025 10. In view of the above submission, this Court suggests the respondents 1 to 3 to utilise the services provided by Agencies, which were empanelled by the Mines and Minerals Department, for carrying out Differential Global Positioning System (DGPS) survey vide proceedings dated 09.03.2021. The relevant portion of the said proceedings is as follows: “3) The Government vide G.O in the reference 2nd cited, have accorded permission to the Commissioner of Geology and Mining to constitute a special team to select the agencies after scrutinizing their competency for undertaking preparation of geo-referenced cadastral maps using DGPS Survey. Accordingly, the special committee was constituted by the Commissioner of Geology and Mining and has selected the following 9 agencies for carrying out DGPS Survey for existing and proposed mining/quarry lease area in the State at the cost of the lessees / applicant. Accordingly, the following agencies were empanelled for a period of three years from 10.02.2021. 5/9 https://www.mhc.tn.gov.in/judis W.P.No.33309 of 2025 S.N Agencies Selected for Empanelment 1 Tvl. Aadhi Boomi Mining and Enviro Tech (P) Ltd., No.3/216, K.S.V.Nagar, Narasothipatti, Alagapuram post, Salem-636 004. Contact No: 0427-2444297, 2440446 E-mail: suriyakumarsemban@gmail.com 2 Tvl. Geo Surveys, No.6/68, II Street, Sivanandha Nagar, Ambathur, Chennai-600 053. Contact No: 044-26247547 Website: www.geosurveys.org 3 Tvl. Geo Exploration Mining Solutions, No. 17, Advaitha Ashram Road, Alagapuram, Salem- 636 004. Contact No: 0427-2431989 E-mail Id:geothangam@gmail.com, Ifthiahmed@gmail.com 4 Tvl. Globetek Survey, No.87/45B- Vibin Complex, Trivandram road, Palayamkottai, Tirunelveli- 627 002. Contact No: 09443426610 Email Id: gglobetek@gmail.com 5 Tvl. Gridline Surveys and Geospatial Pvt Ltd., Sudharshan homes, F3, Block-1, Plot No. 1, Bhoomadevinagar Main Road, Gerugambakkam, Chennai- 600 128. Contact No: 9994814720, 9092093494 Email Id: gsagpl@gmail.com 6 Tvl.Indian Global Survey's, No.214,5th main road, Anjaneya Block, Bellary road, Bytarayanpura, Bengaluru 560 092 Contact No: 9025601389, 9066287128 Email Id: indianglobalsurveys@gmail.com 6/9 https://www.mhc.tn.gov.in/judis W.P.No.33309 of 2025 S.N Agencies Selected for Empanelment 7 Tvl. Prime Meridian Surveys Pvt.Ltd., New No.29, Dharmaraja Koil Street, First Floor, Saidapet, Chennai-600 015. Contact No: 044-24343663, 044-24353669 Email Id: meridiansurveys@gmail.com 8 M/s. Sai Universal Mining Services, Plot No. 15-DP2, KIADB, Sankalapura Industrial Area, New Water Tank, Ballari Main Road, Hosapete, Ballari District, Karnataka-583 201. Contact No: 9449815560, 8884494243 Email Id: sums.hpt@gmail.com 9 Tvl.Sidhu Survey Service, RK Tower, 17E-AS-27 & 28 Shopping Centre, (In between chand vilas to chopasani road) Near OMNI, C.H.B, Jodhpur- 342 008. Contact No: 9829076053, 9414196625 Email Id: Sidhusurvey70@gmail.com 11. As stated above, respondents 1 to 3 shall utilise the services provided by Agencies, for carrying out DGPS survey in the petitioner's land. The cost of measuring and surveying the subject land shall be borne by the petitioner. 7/9 https://www.mhc.tn.gov.in/judis W.P.No.33309 of 2025 12. With the above directions, this writ petition is disposed of. No costs. 10.09.2025 Speaking/Non-speaking order Index : Yes / No Neutral Citation : Yes / No nsa To 1. The District Collector Tiruvallur District Collector Office, Tiruvallur District-602 001 2. The Tahsildar Avadi Taluk Office, Avadi Taluk, Chennai-54 3. The Head Surveyor Avadi Taluk Office, Avadi Taluk, Chennai-54 8/9 https://www.mhc.tn.gov.in/judis W.P.No.33309 of 2025 KRISHNAN RAMASAMY.J., nsa W.P.No.33309 of 2025 10.09.2025 9/9 https://www.mhc.tn.gov.in/judis