Cms Parveen Banu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.01.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA W.M.P.No.2940 of 2025 C M S Parveen Banu
...Petitioner
Vs 1.The District Collector, O/o.District Collector Grand Southern Trunk Road, Chengalpattu - 600 311.
2.The Revenue Divisional Officer, Chengalpattu - 603 001.
3.The Tahsildar Cheyyur Taluk, Chengalpattu District - 603 302.
4.The Head Land Surveyor, O/o.Cheyyur Tahsildar, Chengalpattu District - 603 311.
...Respondents
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents particularly respondent No.3 and 4 to survey the property in the Joint Patta No. 146/1 and issue separate patta for the schedule property situated in Kadapakkam village, vembanur Revenue Village, Cheyyur 1/4
Taluk, Chengalpattu District on the file of seyyur sub Registrar office , Chengalpattu District, disposing of the Application for sub division patta Transfer in Can No.202122060718 and Application No.2021/0105/35/326211 dated 14.07.2021 within the time stipulated by this court.
For Petitioner : Mr.Ramaswamy Meyyappan For Respondents : Mr.M.R.Gokul Krishnan Additional Government Pleader (For R1 to R4)
ORDER
Challenging the refusal to survey the petition mentioned property, the petitioner is before this Court.
2.It is the contention of the petitioner that he is the rightful owner of the property situated in S.No.146/1, to an extent of 59 sqm 50, i.e 1 acre 47 cents situated at Kadapakkam village, Vembanur Revenue Village, Cheyyur Taluk, Chengalpattu District. The said property was transferred to the petitioner and his brother through a partition deed vide Document No.27183. It is further submitted that petitioner came to learn that 14 cents of his land was occupied by one Saravanan. Thereafter, petitioner made application for survey of the said property. However, the survey has not been conducted to date. Therefore, the petitioner is before 2/4
this Court.
3.Heard the learned counsels on the either side and perused the records.
4.Considering the facts and circumstances of the case, mandamus is issued to the respondents to conduct 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. Consequently, connected miscellaneous petition is closed. 30.01.2025 Index : Yes/No Internet : Yes/No 3/4
Speaking Order/Non Speaking Order ep P.T.ASHA , J, ep To 1.The District Collector, O/o.District Collector Grand Southern Trunk Road, Chengalpattu - 600 311.
2.The Revenue Divisional Officer, Chengalpattu - 603 001.
3.The Tahsildar Cheyyur Taluk, Chengalpattu District - 603 302.
4.The Head Land Surveyor, O/o.Cheyyur Tahsildar, Chengalpattu District - 603 311.
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