Mr.Rajini v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Rajini

...Petitioner

Vs.

1.The Thasildar, Palacode Taluk, Dharmapuri District.

2.The Head Surveyor Office of the Thasildar, Palacode Taluk, Dharmapuri District.

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the respondents to survey the properties comprised in S.No.214/6 measuring to an extent of 0.30.00 hectares and S.No.214/7 measuring to an extent of 0.23.00 hectares situated at Annmalaihalli Village, Palacode Taluk, Dharmapuri District and effect the transfer of patta in the petitioner's name and his brothers namely Murugan, Sivakumar and Ramar by considering his representation dated 10.12.2024.

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For Petitioner :

Mr. M.Mohamed Riyaz For Respondents :

Mr. A.Selvendran 1 & 2 Special Government Pleader.

O R D E R

Seeking a mandamus to the respondents to survey the property, the petitioner is before this Court.

2. The petitioner submits that his father Krishnan was the absolute owner of the subject property. After the demise of the said Krishnan, the petitioner and his siblings entered into a partition deed dated 21.11.2024. Therefore, in order to survey the property the petitioner made an application on 09.12.2024 to the respondents. Since there is no response, the petitioner is before this Court.

3. Heard the learned counsels on the either side and perused the records.

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4. Considering the facts and circumstances of the case, a mandamus is issued to the respondents, to conduct survey of the petition mentioned property. The petitioner shall submit all the relevant records to show her 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 5 months from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs.

27.01.2025 Index : Yes/No Internet : Yes/No kan 3/5

To 1.The Thasildar, Palacode Taluk, Dharmapuri District.

2.The Head Surveyor Office of the Thasildar, Palacode Taluk, Dharmapuri District.

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P.T. ASHA, J, kan W.P.No. 1659 of 2025 27.01.2025 5/5