K.Radhakrishnan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.2132 of 2025 K.Radhakrishnan .... Petitioner Vs 1.The District Collector Tirupathur District Tirupathur.

2.The Tahsildar Natrampalli Taluk Tirupathur Tirupathur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's online application dated 20.06.2024, regarding to depute the Head Surveyor to demarcate the boundaries of the land in Survey No.359/2 Punjai Acre 4.52 thirval 3.39 paisa in total extent (1.83.0 Hecrs lands) Patta No.250 in Athananur Village, Elagiri Hills, Jolarpet Taluk, Tiruppathur District and transfer the patta into the petitioner's name within a limited time frame.

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For Petitioner :

Mr.J.Muthukumaran For Respondents :

Mr. A.Selvendran Special Government Pleader [R1 & R2]

ORDER

The petitioner seeks a mandamus to the second respondent to consider his online application dated 20.06.2024, to depute Head Surveyor to demarcate the boundaries of the land in Survey No.359/2 Punjai Acre 4.52 thirval 3.39 paisa total extent (1.83.0 Hecrs lands) in Patta No.250 of Athananur Village, Elagiri Hills, Jolarpet Taluk, Tiruppathur District and to transfer the patta in his name within a stipulated time.

2. It is the case of the petitioner that the subject property was originally owned by his father Aandi, who had four children, namely three daughters and a son, the petitioner herein. The sisters of the petitioner had relinquished their shares in the subject property. Accordingly, the entire property was settled in favour of the petitioner and a settlement deed was executed on 22.07.2011. From the date of execution of settlement deed, the petitioner was in peaceful 2/5

enjoyment and possession of the said property. However, till date, the patta for the property stands in the name of the petitioner's father Aandi Gounder. Therefore, the petitioner wanted to transfer the patta in his name and also wanted to survey and demarcate the property. Hence, he submitted an online application to the second respondent on 20.06.2024 . However, the same has not been considered to date. Therefore, the present writ petition has been filed.

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner and also the fact that the petitioner had submitted his online application as early as on 20.06.2024, a mandamus is issued to the second respondent to conduct survey and subdivision of the petition mentioned property. The petitioner shall submit all relevant records to show his title to the property and the second respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either to survey or subdivide the property, followed with transfer of patta in the name of the petitioner. In 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 3/5

date of receipt of a copy of this order.

5. With the above directions, this writ petition is allowed. No costs. 29.01.2025 Index : Yes/No Speaking order/non-speaking order ds To:

1.The District Collector Tirupathur District Tirupathur.

2.The Tahsildar Natrampalli Taluk Tirupathur Tirupathur District.

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P.T.ASHA, J., ds 29.01.2025 5/5