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Madras High CourtWP/3659/2025disposed of

P.Ravi v. The District Collector

2025-02-07Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH P.Ravi ... Petitioner Vs.

1.The District Collector Tiruvallur District Tiruvallur 2.The Tahsildar Tiruttani Taluk Tiruvallur District 3.The Taluk Surveyor Tiruttani Taluk Tiruvallur District ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 & 3 herein to survey and to demarcate the boundaries of the petitioner's lands comprised in survey No.91/1, New Survey No.234/8 now Sub Divided Survey No.234/8A having an extent of 0-4.16 ares equivalent to 4655 Sq. ft. situate at Ponthala Kandigai Village, 1/6

Veera Kaverirajapuram Revenue Village, Tiruttani Taluk, Tiruvallur District based on the online application of the petitioner dated 12.12.2024 vide petition No.2024/N1123/01/007226, within a time.

For Petitioner : Mr.S.Ravichandran For Respondents : Mr.A.Selvendran (for R1 to R3) Special Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the respondents to act upon the application submitted by the petitioner dated 12.12.2024 wherein the petitioner is seeking for the survey to demarcate the boundaries of the subject property.

2.

Heard Mr.S.Ravichandran, learned counsel for the petitioner and Mr.A.Selvendran, learned Special Government Pleader for respondents 1 to 3. 3.

The petitioner claims to be the owner of the property by virtue of the Sale deed dated 02.02.2009. The further case of the petitioner is that patta 2/6

was also issued in the name of the petitioner in Patta No.194. The vendor of the petitioner started disturbing the possession and enjoyment of the property and hence, the petitioner filed a suit in OS No.73 of 2019 seeking for the relief of permanent injunction. The suit was not contested by the vendor and hence, an exparte decree came to be passed by the District Munsif Court, Tiruttani dated 04.11.2024. In view of the same, the petitioner wanted a survey to be conducted in the property to demarcate the boundaries. An on-line application was submitted in this regard on 12.12.2024. The same was not acted upon, the present writ petition has been filed before this Court seeking for appropriate directions.

4.

Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the respondents 2 and 3 to act upon the application submitted by the petitioner on 12.12.2024 and conduct the survey and demarcate the boundaries based on the title document and the patta that has been issued in favour of the petitioner. This process shall be completed within a period of four weeks from the date of receipt of the copy of this order. If there is any objection, such survey shall be 3/6

conducted in the presence of the rival parties. 5.

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

07.02.2025 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order rka 4/6

To 1.The District Collector Tiruvallur District Tiruvallur 2.The Tahsildar Tiruttani Taluk Tiruvallur District 3.The Taluk Surveyor Tiruttani Taluk Tiruvallur District 5/6

N. ANAND VENKATESH.J, rka Dated: 07.02.2025 6/6