M.Balaji v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH M.Balaji S/o.Moorthy ... Petitioner Vs.

1.The District Collector, O/o.Collectorate, Thiruvannamalai, Thiruvannamalai District.

2.The Sub Collector, Cheyyar Town and Taluk, Thiruvannamalai, Thiruvannamalai District.

3.The Assistant Director of Survey and Land Records, District Survey Unit, Thiruvannamalai, Thiruvannamalai District.

4.The Tahsildar, Cheyyar Town & Taluk, Thiruvannamalai District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 3 and 4 to survey the land in Survey No.303/2, Thiruvathipuram, Cheyyar and to mark demarcation of boundaries. 1/4

For Petitioner : Mr.T.S.N.Prabhakaran For Respondents : Mr.A.Selvendran Special Government Pleader *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the fourth respondent to act upon the application submitted by the petitioner on 20.03.2023 wherein the petitioner is seeking for survey of the subject property for marking the boundaries.

2. Heard Mr.T.S.N.Prabhakaran, learned counsel for petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing for respondents.

3. The petitioner is claiming right and title over the subject property by means of inheritance and he is also relying upon the sale deed that was executed in favour of his great grandfather in the year 1963 and 1970 respectively. The petitioner wanted survey to be conducted in the subject property for demarcation of boundaries and accordingly, the application was submitted and necessary charges were paid on 20.03.2023. Since the same was not considered, subsequent 2/4

representation was also made, which did not evoke any response. It is under these circumstances, the present writ petition came to be 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 fourth respondent to act upon the application submitted by the petitioner and conduct the survey in the subject property based on the title document for demarcation of boundaries. This process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. In the event of any rival claims, such survey shall be conducted in their presence.

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

10.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm 3/4

N.ANAND VENKATESH, J gm To 1.The District Collector, O/o.Collectorate, Thiruvannamalai, Thiruvannamalai District.

2.The Sub Collector, Cheyyar Town and Taluk, Thiruvannamalai, Thiruvannamalai District.

3.The Assistant Director of Survey and Land Records, District Survey Unit, Thiruvannamalai, Thiruvannamalai District.

4.The Tahsildar, Cheyyar Town & Taluk, Thiruvannamalai District.

10.03.2025 4/4