Sittha Gounder v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Sittha Gounder

...Petitioner

Vs 1.The Thasildar Office of Thasildhar, Mettur, Salem District.

2.The Surveyor, Office of Tahsildar, Mettur, Salem District.

3.The Inspector of Police, Kolathur Police Station

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to survey the property comprised in S.F.No.127/2A at Moolakadu Village, Mettur Taluk, Salem District with the aid of the 3rd respondent by considering the online application of the petitioner herein dated 06.12.2021 and 04.12.2024 within a reasonable time fixed by this Court.

For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.A.Selvendran Special Government Pleader (For R1 to R3) 1/4

ORDER

Challenging the refusal to survey the petition mentioned property, the petitioner is before this Court.

2.The contention of the petitioner is that the property in survey No.127/2A, Moolakadu Village, Mettur Taluk, Salem District, measuring an extent of 1.65 acres belonged to the petitioner by way of a settlement deed executed by his mother dated 04.06.2001. Petitioner made several application to the respondents to survey the said property and he had paid the necessary charges. However, the survey has not been conducted to date. Therefore, the petitioner is before this Court.

3. Heard the learned counsels on the either side and perused the records. The learned Government Advocate takes notice on behalf of respondents 1 and 3.

4.Considering the facts and circumstances of the case, mandamus is issued to the respondents to conduct survey of the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the respondents shall after issuing notice to the 2/4

adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order. 5.With the above directions, this Writ Petition is allowed. No costs.

21.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep 3/4

P.T.ASHA, J, ep To 1.The Thasildar Office of Thasildhar, Mettur, Salem District.

2.The Surveyor, Office of Tahsildar, Mettur, Salem District.

3.The Inspector of Police, Kolathur Police Station 21.01.2025 4/4