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Madras High CourtWP/7319/2025disposed of

C.Manohar v. The District Collector

2025-03-05Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. C.Manohar Petitioner(s) Vs

1. The District Collector O/o The Collectorate, Salem District 2.The Tahsildar O/o Tahsildar, Pethanaickenpalayam Taluk, Salem District 3.The Head Surveyor O/o Tahsildar, Pethanaickenpalayam Taluk, Salem District Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd and 3rd respondents to measure the petitioner's land in survey no.100/2 to an extent of about 1 acre 24

2/6 cents in Ariyapalayam Village, Pethanaickenpalayam taluk, Salem district by disposing of the petitioner's online application dated 15.10.2024 vide petition No.2024/0123/08/005640 and the same within a time to be stipulated by this Court.

For Petitioner(s):

Mr.A.Rajakumar For Respondent(s):

Mr.A.Selvendran, Special Government Pleader

ORDER

This writ petition has been filed for issue of writ of mandamus directing the respondents 2 and 3 to act upon the online application submitted by the petitioner on 15.10.2024, wherein, the petitioner has sought for the survey of the subject property for demarcation of boundaries. 2.Heard Mr.A.Rahkumar, learned counsel appearing on behalf of the petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing on behalf of the respondents.

3/6 3.The petitioner is claiming right and title over the subject property by virtue of a registered Partition Deed dated 21.03.2012. The petitioner is also relying upon the joint patta issued in Patta No.20. The petitioner submitted an online application on 15.10.2024 by paying necessary charges and requested the nd and 3 rd respondents to conduct the survey in the subject property to demarcate the boundaries. Since the same was not acted upon, the present writ petition has been filed before this Court.

4.Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the 2 nd and 3 rd respondents to act upon the online application submitted by the petitioner on 15.10.2024 and conduct the survey in the subject property based on the Partition Deed dated 21.03.2012 and also the joint patta granted in Patta No.20. This process shall be completed, within a period of four weeks from the date of receipt of copy of this order. If there are any rival claims, such survey shall be conducted in their presence.

4/6 5.This writ petition is disposed of with the above directions. No Costs. 05-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To

1. The District Collector O/o The Collectorate, Salem District 2.The Tahsildar O/o Tahsildar, Pethanaickenpalayam Taluk, Salem District 3.The Head Surveyor O/o Tahsildar, Pethanaickenpalayam Taluk, Salem District

6/6 N.ANAND VENKATESH J.

ssr 05-03-2025