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Madras High CourtWP/1516/2025allowed

Sadiq Basha v. The District Collector

2025-01-24Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Sadiq Basha

...Petitioner

Vs.

1. The District Collector, Tiruppur District.

2. The Assistant Director, Land Survey Department, Tiruppur District.

3. The Tahsildar, Udumalaipettai, Tiruppur District.

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the 2nd respondent to survey the petitioner's land situated in Survey No.871/1 at Andiyagoundanur Village, Udumalaipettai Taluk, Tiruppur District to the extent of 41 cents by considering the petitioner's representation dated 24.12.2021 and 28.03.2023, within a time frame to be fixed by this Court. For Petitioner :

Mr.D.Magesh 1/4

For Respondent :

Mr.G.Velu, Additional Government Pleader ********

O R D E R

The above Writ Petition has been filed seeking a mandamus to the 2nd respondent to consider the petitioner's representation dated 24.12.2021 and 28.03.2023.

2. The grievance of the petitioner is that, despite making representation dated 24.12.2021 and 28.03.2023, to survey the property of the petitioner in Survey No.871/1 at Andiyagoundanur Village, Udumalaipettai Taluk, Tiruppur District to the extent of 41 cents, the second respondent has 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 second respondent 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 2/4

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 four (4) 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 Speaking Order: Yes/No To

1. The District Collector, Tiruppur District.

2. The Assistant Director, Land Survey Department, Tiruppur District.

3. The Tahsildar, Udumalaipettai,Tiruppur District.

P.T. ASHA, J, nvi 3/4

W.P.No. 1516 of 2025 24.01.2025 4/4