Narasimman v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Narasimman ... Petitioner Vs.

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Tahsildar, Dharmapuri Taluk, Dharmapuri District.

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

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the second respondent to take steps to measure and demarcate the property being all that piece and parcel of land Donnakuttahalli Village, Sidumanahalli, Pennagaram Taluk, Dharmapuri comprised in Survey No.694/1 of an extent of 2.04 cents, Survey No.695/1 of an extent of 1.77 cents, Survey No.696/1 of an extent of 1.31 cents and Survey No.694/2 of an extent of 0.15 cents and the total

extent of land in all Survey Nos.694/1, 695/1, 696/1 and 694/2 in 5.27 cents and based on the petitioner's Application No.2024/0123/05/007265 dated 21.11.2024 within a time frame fixed by this Court. For Petitioner :

Mr.G.Selvaraj For Respondent :

Mr.P.Sathish Additional Government Pleader

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the second respondent to conduct survey pursuant to the application submitted by the petitioner on 21.11.2024.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. It is submitted by learned counsel for petitioner that the petitioner has purchased the property situated at Donnakuttahalli Village, Sidumanahalli, Pennagaram Taluk, Dharmapuri comprised in Survey No.694/1 measuring an extent of 2.04 cents, Survey No.695/1 measuring an

extent of 1.77 cents, Survey No.696/1 measuring an extent of 1.31 cents and Survey No.694/2 measuring an extent of 0.15 cents in all measuring about 5.27 cents from one Rajammal and Devayani through sale deed dated 11.12.1999. An application was submitted for conducting survey and to demarcate the boundaries of the petitioner's properties after paying necessary charges. Since the same was not considered, the present writ petition has been filed.

4. At the outset, it was submitted by learned Additional Government Pleader for respondents that they will consider the petitioner's application and measure the petitioner's land and survey the same within a period of eight weeks from the date of receipt of a copy of this order, which was agreed to by the learned counsel for petitioner.

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ

petition, there shall be a direction to the concerned respondent, to consider the application dated 21.11.2024 and carry out a survey, demarcate the subject property and complete the process within a period of eight weeks from the date of receipt of a copy of this order after giving prior notice to the petitioner, adjacent land owners and rival claimants if any. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law.

6. Accordingly, the Writ Petition stands disposed of. No costs. 10.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The District Collector, Dharmapuri District, Dharmapuri.

2. The Tahsildar, Dharmapuri Taluk, Dharmapuri District.

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

MOHAMMED SHAFFIQ, J.

vji 10.06.2025