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Madras High CourtWP/4344/2025disposed of

Sokkalingam v. The District Collector

2025-02-13Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.4344 of 2025 Sokkalingam ... Petitioner Vs.

1.The District Collector, Office of the Collectorate, Salem District.

2.The Tahsildar, Office of Tahsildar, Gangavalli Taluk, Salem District.

3.The Head Surveyor, Office of Tahsildar, Gangavalli Taluk, Salem District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd and 3rd respondent to measure the petitioner's land in survey No.349/6 to an extent of about 1 acre 81 cents in Thammampatti village, Gangavalli Taluk, Salem District by disposing of the petitioner's online application dated 28.12.2024 vide Challan No.20241228001068 and the same within a time stipulated by this Court. 1/4

For Petitioner : Mr.A.Rajakumar For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

This writ petition has been filed for issue of writ of mandamus directing the 2nd and 3rd respondents to act upon the online application submitted by the petitioner on 28.12.2024, wherein, the petitioner is seeking for survey of the subject property and for demarcation of boundaries.

2.Heard Mr.A.Rajakumar, learned counsel appearing on behalf of the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of respondents.

3.The petitioner is claiming right and title over the subject property by virtue of a registered Sale Deed dated 01.07.1966 which was executed in favour of the mother of the petitioner. The patta in Patta No.209 also stand in the name of the mother of the petitioner. Subsequently, the father, mother and the brother of the petitioner died and the petitioner is in possession and enjoyment of the property. 2/4

Before applying for the patta, the petitioner wanted a survey to be conducted for demarcation of the boundaries. For this purpose, an online application was submitted by the petitioner on 28.12.2024. Since the same was not acted upon by the 2nd respondent, the present writ petition has been filed before this Court. 4.Taking into consideration the facts and circumstances of the case and the materials placed before this Court and considering the limited relief sought for, there shall be a direction to the 2nd and 3rd respondents to act upon the application made by the petitioner on 28.12.2024 and conduct the survey for demarcation of boundaries. This process shall be completed, within a period of four weeks from the date of receipt of copy of this order. If in the event of any rival claims, such survey shall be conducted in their presence.

5.This writ petition is disposed of with the above directions. No Costs. 13.02.2025 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr 3/4

N. ANAND VENKATESH, J.

ssr To 1.The District Collector, Office of the Collectorate, Salem District.

2.The Tahsildar, Office of Tahsildar, Gangavalli Taluk, Salem District.

3.The Head Surveyor, Office of Tahsildar, Gangavalli Taluk, Salem District.

W.P.No.4344 of 2025 13.02.2025 4/4