A.Jayavel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH A.Jayavel S/o.Arthanari ... Petitioner Vs.

1. The District Collector, Salem, Salem District.

2. The Revenue Divisional Officer, Mettur, Salem, Salem District.

3. The Tahsildar, Omalur, Omalur Taluk, Salem District.

4. The Taluk Surveyor Omalur, Omalur Taluk, Salem District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents to conduct the survey and measure the land to an extent of 0.811⁄2 cent comprised in S.No.260/3F, the property to an extent of 0.19 cent comprised in S.No.260/3A and the property to an extent of 0.21⁄2 cent of share in the Well comprised in S.No.260/3D situated at Muthanaickenpatti Village, Omalur Taluk, Salem District by considering 1/4

the petitioner's application dated 25.07.2024 bearing No.2024/0123/08/004049.

For Petitioner : Mr.K.Prabhakaran For Respondents : Mr.R.P.Murugan Raja Government Advocate *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to conduct survey and measure the property and to fix the boundary stones pursuant to the application submitted by the petitioner on 25.07.2024.

2. Heard Mr.K.Prabhakaran, learned counsel for petitioner and Mr.R.P.Murugan Raja, learned Government Advocate appearing for respondents.

3. The petitioner is claiming right over the subject property by virtue of registered sale deed dated 15.09.2000. Patta was also issued in favour of the petitioner in Patta No.2063. The petitioner wanted to measure this property after survey and hence, an application was submitted by the petitioner in this regard on 25.07.2024. Since the same was not acted upon, the present writ petition has been filed before this 2/4

Court.

4. Taking into consideration the facts and circumstances of the case and considering the limited relief sought for in this writ petition, there shall be a direction to the third respondent to act upon the application submitted by the petitioner on 25.07.2024 and conduct the survey and measure the property and if in case, the interest of any third party is involved, the survey shall be conducted in their presence. While conducting the survey, the authorities shall strictly go by the sale deed that was executed in favour of the petitioner on 15.09.2000 in order to determine the extent of the property and while fixing the boundary stones. This process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs.

05.02.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm 3/4

N.ANAND VENKATESH, J gm To

1. The District Collector, Salem, Salem District.

2. The Revenue Divisional Officer, Mettur, Salem, Salem District.

3. The Tahsildar, Omalur, Omalur Taluk, Salem District.

4. The Taluk Surveyor, Omalur, Omalur Taluk, Salem District.

05.02.2025 4/4