Vignesh v. The District Collector

In the High Court of Judicature at Madras Dated : 10.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.813 of 2025 Vignesh

...Petitioner

Vs

1. The District Collector The District Collectorate Office Villupuram District.

2. The Tahsildar The Taluk Office Gingee Taluk Villupuram District.

3. The Surveyor The Taluk Office Gingee Taluk Villupuram District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents particularly the 3rd respondent to consider the petitioner's application vide application No.2024/N123/07/005408 dated 29.11.2024 to survey and demarcate the property situated at New Survey Nos. 44/11A & 44/11B to an extent of 3,488 sq.ft. Melathipakkam Village, Gingee Taluk, Villupuram District.

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For Petitioner :

Mr.G.Mohammed Aseef For Respondents :

Mr.M.R.Gokul Krishnan, AGP

ORDER

Seeking a direction to the third respondent to consider his online application dated 29.11.2024 to conduct a survey and demarcate boundaries in respect of the property measuring 3,488 sq.ft. in New Survey Nos.44/11A & 44/11B, Melathipakkam Village, Gingee Taluk, Villupuram District, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for the respondents.

3. The case of the petitioner is that the petitioner and his brother purchased the subject property vide sale deed dated 18.6.2021 registered as doc.No.962 of 2021 on the file of the Sub-Registrar, Vallam for a valid sale consideration. After purchase, they are in possession and enjoyment of the same. They also got the patta transferred in their names. In order to safeguard the subject property, the petitioner made an online application dated 29.11.2024 to the third respondent seeking to conduct a survey and demarcate the boundaries by paying necessary charges. However, so far, the said application has not been considered. Hence the writ petition. 2/4

4. Considering the limited nature of the relief sought, the writ petition is allowed and a Mandamus is issued to the third respondent to conduct survey and demarcate the boundaries in respect of the subject property. The petitioner shall submit all the relevant records to show his title to the subject property and the third respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter pass orders either surveying the subject property and demarcating its boundaries or rejecting the request. In case of rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. No costs. 10.1.2025 To

1. The District Collector District Collectorate Office Villupuram District.

2. The Tahsildar, Taluk Office Gingee Taluk, Villupuram District.

3. The Surveyor, Taluk Office Gingee Taluk, Villupuram District.

RS 3/4

P.T.ASHA,J RS 10.1.2025 4/4