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Madras High CourtWP/8196/2025disposed of

Mrs.R.Arukkathal v. The Assistant Director

2025-03-12Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Arukkathal W/o.Rathinasamy ... Petitioner Vs.

1.The Assistant Director, Survey and Land Records Department, 2nd Floor, New Collectorate Building, Coimbatore - 641 018.

2.The Taluk Surveyor, Sulur Taluk Office, Sulur, Coimbatore - 641 402.

3.R.Kumarasamy S/o.Rangasamy Gounder 4.The Tahsildar, Sulur Taluk Office, Sulur, Coimbatore - 641 402.

... Respondents [R4 is suo motu impleaded as per orders of this Court dated 12.03.2025] Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to take necessary steps to survey, mark boundaries of the petitioner's lands in S.Nos.318/4, 319/1A2 & 319/1A3 on the basis of his application in Application No.2024/0123/12/004301 dated 30.09.2024, within a time frame fixed by this Court.

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For Petitioner : Mr.A.Arun For Respondents : Mr.R.P.Murugan Raja Government Advocate [R1, R2 & R4] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to act upon the OnLine application submitted by the petitioner on 30.09.2024 wherein the petitioner is seeking for survey of the subject property and for demarcation of boundaries.

2. Heard Mr.A.Arun, learned counsel for petitioner and Mr.R.P.Murugan Raja, learned Government Advocate appearing for respondents 1, 2 & 4.

3. The petitioner is claiming right and title over the subject property through a partition deed dated 29.04.1978 and exchange deed dated 11.08.1986. The petitioner is also placing reliance upon the computer patta issued in the name of the petitioner in patta No.701. The petitioner submitted the OnLine application dated 30.09.2024 seeking for 2/4

survey of the subject property after paying the necessary charges. Since the same was not acted upon, the present writ petition has been filed.

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 impleaded fourth respondent to act upon the application submitted by the petitioner on 30.09.2024 and survey shall be conducted based on the title document and patta that stands in the name of the petitioner. If there are any rival claims, such survey shall be conducted in their presence. This process shall be completed within a period of four

(4) weeks from the date of receipt of a copy of this order. This writ petition is disposed of with the above direction. No costs.

12.03.2025 Note: Registry is directed to carry out necessary amendment in all the concerned records.

Index: Yes/no Speaking Order/Non-Speaking Order gm N.ANAND VENKATESH, J 3/4

gm To 1.The Assistant Director, Survey and Land Records Department, 2nd Floor, New Collectorate Building, Coimbatore - 641 018.

2.The Taluk Surveyor, Sulur Taluk Office, Sulur, Coimbatore - 641 402.

3.R.Kumarasamy S/o.Rangasamy Gounder 4.The Tahsildar, Sulur Taluk Office, Sulur, Coimbatore - 641 402.

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