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Madras High CourtWP/2711/2025disposed of

R.Natrajan v. The District Collector

2025-02-18Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH R. Natarajan .. Petitioner Vs.

1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Assistant Director, Land Survey, Dharmapuri District, Dharmapuri - 5.

3.The Tahsildhar, Pennagaram Taluk, Pennagaram, Dharmapuri District.

4.The Taluk Head Surveyor, Pennagaram Taluk, Pennagaram, Dharmapuri District.

5.The Block Development Officer, Eariyur Panchayat Union, Eariyur, Pennagaram Taluk, Dharmapuri District.

.. Respondents 1/6

Writ Petition is filed under Article 226 of the Constitution of India for issuance of a writ of mandamus, directing the respondents 2 to 5 to survey and demarcate the boundaries of lands in S.Nos. 612/1 and 655/1 & 2, situated at Sidumanahalli Revenue Village, Pennagaram Taluk, Dharmapuri District and also issue separate patta based on the application of the petitioner dated 29.11.2023. For Petitioners : Mr. M.R. Jothimanian For Respondents : Mr. R.P. Murugan Raja, for R1 to R4 Government Advocate Mr. S. Prabhakaran, for R5 Government Advocate

O R D E R

This Writ Petition has been filed for a direction to the respondents 2 to 5 to survey and demarcate the boundaries with the respect to the subject properties and for issuance of separate patta based on the application given by the petitioner on 29.11.2023.

2. When the matter came up for hearing on 04.02.2025, this Court passed the following order: - "Mr. R.P. Murugan Raja, learned Government Advocate takes notice for respondents 1 to 4 and Mr. S. Prabhakaran, learned Government Advocate takes notice for 5th respondent.

2. It is seen from records that there is a previous order passed in W.P. No. 22997 of 2018 where the petitioner had sought for a similar relief in that writ petition and a direction was given to the Tahsildar and the Taluk Head Surveyor to deal with the 2/6

application submitted by the petitioner. Hence, the learned Government Advocate shall take instructions on the follow up of the earlier order passed by this Court and to ensure that the order is complied with.

3. Post this writ petition under the caption for 'reporting compliance' on 18.02.2025."

3. When the matter is taken up for hearing today, the learned Government Advocate, on written instructions received from the third respondent submitted that, a survey was conducted earlier on 21.09.2023, and at that point of time, the petitioner objected to the same and refused to sign in the report. Thereafter, the petitioner has once again approached this Court and filed the present writ petition.

4. Learned Government Advocate submitted that the third and fourth respondents will survey the property and demarcate the boundaries.

5. Learned counsel for the petitioner submitted that several persons had encroached the property and were disrupting the process of survey. Hence, he requested this Court to direct the second respondent to be present at the time of survey.

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6. Considering the submissions made on either side and the grievance expressed by the petitioner, the third respondent shall proceed further to conduct the survey in the subject property and demarcate the boundaries. At the time of survey, the second respondent shall be put on notice and he shall be present. Based on the survey report, further request made by the petitioner for issuance of separate patta shall be considered in line with the application given by the petitioner on 29.11.2023. The process of survey shall be completed within a period of four weeks from the date of receipt of copy of this order and the subsequent request for patta made by the petitioner shall be considered on its own merits and in accordance with law and orders shall be passed within a period of six weeks thereafter.

7. This Writ Petition is disposed of with the above direction. No costs. 18.02.2025 Index : Yes/No AT 4/6

To 1.The District Collector, Dharmapuri District, Dharmapuri.

2.The Assistant Director, Land Survey, Dharmapuri District, Dharmapuri - 5.

3.The Tahsildhar, Pennagaram Taluk, Pennagaram, Dharmapuri District.

4.The Taluk Head Surveyor, Pennagaram Taluk, Pennagaram, Dharmapuri District.

5.The Block Development Officer, Eariyur Panchayat Union, Eariyur, Pennagaram Taluk, Dharmapuri District.

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N. ANAND VENKATESH, J.

AT 18.02.2025 6/6