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Madras High CourtWP/2367/2025disposed of

M.Anumandharaj v. The District Collector,

2025-02-03Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.2367 of 2025 M.Anumandharaj ... Petitioner Vs.

1.The District Collector, Dharmapuri, 2.The Tahsildar, 3.The Inspector of Police, Perumpalai Police Station, 4.The Land Surveyor, Perumpaalai, 5.Tmt.Kanchana ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to measure the 1/6

petitioner's land bearing Survey No.123/3, 123/5, 123/6 Patta No.2491, Aragasanahalli Village, Pennagaram Taluk, Dharmapuri District (Challan No.20230513014521) and consider the representation dated 13.12.2024. For Petitioner : Mr.M.Senthamizhselvan For Respondents : Mr.A.Selvendran Special Government Pleader for R1, R2 & R4 Mr.R.Vinothraja Government Advocate for R3

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 2nd respondent to survey the subject property of the petitioner situated at Survey Nos.123/3, 123/5 and 123/6 for which patta has been issued in favour of the petitioner in Patta No.2491 by considering the representation dated 13.12.2024. 2.Heard Mr.M.Senthamizhselvan, learned counsel appearing on behalf of the petitioner, Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of respondents 1, 2 and 4 and Mr.R.Vinothraja, learned Government Advocate appearing on behalf of the 3rd respondent. 2/6

3.The petitioner is claiming title over the subject property by virtue of a registered Sale Deed dated 19.12.2022. The petitioner is also placing reliance upon the patta issued in his name in Patta No.2491 with respect to the properties in Survey Nos.123/3, 123/5 and 123/6. The petitioner requested that a survey has to be conducted for fixing the boundaries with respect to those properties for which the patta was granted in his favour. The petitioner also made a representation in this regard. Since the same was not considered, the present writ petition has been filed before this Court.

4.Taking into consideration the facts and circumstances of the case and considering the limited relief that has been sought for in this writ petition, there shall be a direction to the 2nd respondent to act upon the representation made by the petitioner on 13.12.2024 and deal with the same in line with the patta that stands in the name of the petitioner in Patta No.2491 relating to Survey Nos.123/3, 123/5 and 123/6 and conduct a survey over the property in order to fix the boundaries subject to the payment of necessary fees by the petitioner. If any third party right is involved, notice shall be issued to the third party before the survey is conducted. This process shall be completed by the 2nd respondent, within a period of six weeks from the date of receipt of copy of this order. 3/6

5.This writ petition is disposed of with the above directions. No Costs. 03.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr To 1.The District Collector, Dharmapuri, 2.The Tahsildar, 3.The Inspector of Police, Perumpalai Police Station, 4/6

4.The Land Surveyor, Perumpaalai, 5/6

N. ANAND VENKATESH, J.

ssr W.P.No.2367 of 2025 03.02.2025 6/6