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Madras High CourtWP/1536/2025allowed

R.Kuppamma v. The District Collector

2025-01-24Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA R.Kuppamma

...Petitioner

Vs.

1.The District Collector, Villupuram, Villupuram District.

2. The District Revenue Officer, Villupuram, Villupuram District.

3. The Revenue Divisional Officer, Dindivanam, Villupuram District.

4. The Tahsildar, Dindivanam, Villupuram District.

5. Jason Infra Pvt.Ltd., Represented by its Manager, No.29, Tilak Road, T.Nagar, Chennai - 600 017.

...Respondents

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Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the respondents 1 to 4 to conduct survey and subdivide the land admeasuring 1 Acre 33 Cents out of 2 Acre 66 Cent comprised in old S.No.48/1A, New S.No.20/1 and the property admeasuring 1 Acre 99 Cents comprised in Old S.No.48/1B and New S.No.55/1 (56/2A as per Patta No.554) situated ate Avanampattu Village, Tindivanam Taluk, Villupuram District and issue a separate Patta in the name of the petitioner after surveying and subdividing. For Petitioner :

Mr.R.Rajarajan For Respondents :

Mr.S.Jayachandran Government Advocate [R1 to R4] ********

O R D E R

The above Writ Petition has been filed seeking a mandamus to the respondents to consider the petitioner's representation dated 29.10.2023.

2. The grievance of the petitioner is that, despite making an application on 29.10.2023, to conduct survey and sub-divide the land admeasuring 1 Acre 33 Cents out of 2 Acre 66 Cent comprised in old S.No.48/1A, New S.No.20/1 and the property admeasuring 1 Acre 99 2/5

Cents comprised in Old S.No.48/1B and New S.No.55/1 (56/2A as per Patta No.554) situated ate Avanampattu Village, Tindivanam Taluk, Villupuram District and issue a separate Patta in the name of the petitioner after surveying and subdividing, the respondents have not proceeded to survey the land in question.

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

4. Considering the facts and circumstances of the case, a mandamus is issued to the respondents 1 to 4 to conduct a 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 8 weeks from the date of receipt of a copy of this order.

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

24.01.2025 nvi Index : Yes/No Speaking Order: Yes/No To 1.The District Collector, Villupuram, Villupuram District.

2. The District Revenue Officer, Villupuram, Villupuram District.

3. The Revenue Divisional Officer, Dindivanam, Villupuram District.

4. The Tahsildar, Dindivanam, Villupuram District.

5. Jason Infra Pvt.Ltd., Represented by its Manager, No.29, Tilak Road, T.Nagar, Chennai - 600 017.

P.T. ASHA, J, 4/5

nvi W.P.No. 1536 of 2025 24.01.2025 5/5