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Madras High CourtWP/1054/2025allowed

Ramasamy v. The Tahsildar

2025-01-22Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Ramasamy ... Petitioner Vs.

1.The Tahsildar, Dharmapuri Taluk Office, Dharmapuri, Dharmapuri District.

2. The Head Surveyor, O/o.Dharmapuri Taluk Office, Dharmapuri, Dharmapuri District.

3. The Village Administrative Officer, Thippireddihalli Village, Dharmapuri District.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents 1 to 3 to consider the online application of the petitioner dated 12.02.2024 and survey the petitioner's land in Patta No.1271 in S.Nos.252/13, 252/12 and 252/14 to an extent of 1.47 1/2 acres situated at Thippireddihalli Village, Dharmapuri Taluk, Dharmapuri District.

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For Petitioner : Mr.V.Elangovan For Respondents : Mr.G.Velu, Additional Government Pleader

O R D E R

The above Writ Petition has been filed seeking a mandamus to the respondents 1 to 3 to consider the petitioner's online application dated 12.02.2024.

2. The grievance of the petitioner is that he has been in peaceful possession of the property in S.Nos.252/13, 252/12 and 252/14 to an extent of 1.47 1/2 acres situated at Thippireddihalli Village, Dharmapuri Taluk, Dharmapuri District, and necessary patta in Patta No.1271 had been issued. However, despite making necessary application through on-line on 12.02.2024 to survey the said property, the respondents 1 to 3 have not proceeded to survey the land in question.

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner and also the fact that the petitioner has submitted his online application as early as on 12.02.2024, a mandamus is issued to the respondents 1 to 3 to conduct survey and 2/4

subdivision 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 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 six (6) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs. 22.01.2025 nvi Index : Yes/No Speaking Order: Yes/No 3/4

P.T. ASHA . J., nvi To:

1.The Tahsildar, Dharmapuri Taluk Office, Dharmapuri, Dharmapuri District.

2. The Head Surveyor, O/o.Dharmapuri Taluk Office, Dharmapuri, Dharmapuri District.

3. The Village Administrative Officer, Thippireddihalli Village, Dharmapuri District.

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