K.Eswaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 30.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA K.Easwaran

...Petitioner

Vs.

1.The District Collector, Tiruppur District, Tiruppur.

2. The Revenue Divisional Officer, Tiruppur, Tiruppur District.

3. The Tahsildar, Uthukuli Taluk, Uthukuli, Tiruppur District.

4. Rangasamy

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to consider the petitioner's representation dated 29.11.2024 for surveying the cart-track classified as "Nilaviyal Vandipathai" in R.S.No.197/16, 1/5

Thottiyapalayam, Thalavaipalayam Village, Uthukuli Taluk, Tiruppur District based on challan dated 18.02.2019 and 17.11.2020 and to fix the exact boundaries for the said cart-track within a time frame as fixed by this Court.

For Petitioner :

Mr.S.Kaithamalai Kumaran For R1 to R3 :

Mr.P.Sathish Additional Government Pleader ********

O R D E R

The above Writ Petition has been filed seeking a mandamus to the respondents 1 to 3 to consider the petitioner's challan/receipt dated 18.02.2019 and 17.11.2020.

2. The grievance of the petitioner is that, despite making challan/receipt dated 18.02.2019 and 17.11.2020, to survey the carttrack classified as "Nilaviyal Vandipathai" in R.S.No.197/16, Thottiyapalayam, Thalavaipalayam Village, Uthukuli Taluk, Tiruppur District, the respondents 1 to 3 have not proceeded to survey the land in question.

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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 1 to 3 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 twelve (12) weeks from the date of receipt of a copy of this order.

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

30.01.2025 nvi Index : Yes/No Internet : Yes/No 3/5

To 1.The District Collector, Tiruppur District, Tiruppur.

2. The Revenue Divisional Officer, Tiruppur, Tiruppur District.

3. The Tahsildar, Uthukuli Taluk, Uthukuli, Tiruppur District.

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