M.V.Balasubramaniam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA M.V.Balasubramaniam

...Petitioner

Vs.

1.The District Collector, District Collectorate, Salem - 636 001.

2. The District Revenue Officer, District Revenue Officer, District Collector Office Campus Salem.

3. The Revenue Divisional Officer, Athur Division, Collectorate Office Campus, Salem.

4. The Tahsildar, Gangavalli, Salem - 636 105.

5. The Head Surveyor, Gangavalli Taluk Office, Gangavalli, Salem.

...Respondents

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Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondents to survey and measure the petitioner's land comprised in S.No.543/38 in Thammampatti Village, Gengavalli Taluk, Salem District measuring an extent of 0.0574 sq.mtr within the time frame stipulated by this Court. For Petitioner :

M/s.Aishwarya S.Nathan 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 fourth respondent to consider the petitioner's representation dated 19.11.2024.

2. The grievance of the petitioner is that, despite making an application on 19.11.2024, to survey and measure the petitioner's land comprised in S.No.543/38 in Thammampatti Village, Gengavalli Taluk, Salem District measuring an extent of 0.0574 sq.mtr, the respondents have not proceeded to survey the land in question. 2/5

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 to conduct a survey 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 8 weeks from the date of receipt of a copy of this order.

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

24.01.2025 nvi Index : Yes/No Internet : Yes/No 3/5

To 1.The District Collector, District Collectorate, Salem - 636 001.

2. The District Revenue Officer, District Revenue Officer, District Collector Office Campus Salem.

3. The Revenue Divisional Officer, Athur Division, Collectorate Office Campus, Salem.

4. The Tahsildar, Gangavalli, Salem - 636 105.

5. The Head Surveyor, Gangavalli Taluk Office, Gangavalli, Salem.

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P.T. ASHA, J, nvi W.P.No. 1608 of 2025 24.01.2025 5/5