Madras High CourtWP/9501/2025disposed of

S.Murugesan v. The District Collector

2025-03-26Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Murugesan S/o.Lt.Chenniappan D.No.2/5-200 Boomanur, Alamarathupatti Village, Chettiyur Village, Mettur Taluk, Salem District.

Petitioner Vs

1. The District Collector, Salem, Salem District.

2.The District Revenue Officer, Salem, Salem District.

3.The Revenue Divisional Officer Mettur, Salem, Salem District.

4.The Tahsildar Mettur, Salem, Salem District.

5.The Head Surveyor, Mettur, Salem, Salem District.

6.The Village Administrative Officer, Alamarathupatti Village, Mettur Taluk, Salem District.

7.DHEVADOSS 1/4

S/o.Dhivyanathan, Karungaradu, Boomanur, Chettiyur Post, Mettur Taluk, Salem District.

8.GEORGE S/o.Simeyon, Samyor Kadu, Chettiyur Post, Mettur Taluk, Salem District.

Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the respondents 1 to 5 to conduct the survey and measure the land and boundaries in S.Nos.1193/2 and 1299/3 situated at Alamarathupatti Village, Mettur Taluk, Salem District and issue separate patta to the petitioner based on the petitioner's application No.2025/0123/08/007599 dated 03.02.2025. For Petitioner : Mr.K.Prabhakaran For Respondents : Mr.A.Selvendran Special Government Pleader [R1 to R6] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents to survey the subject property and demarcate the boundaries based on the OnLine application submitted by the petitioner on 03.02.2025.

2. Heard Mr.K.Prabhakaran, learned counsel for petitioner and 2/4

Mr.A.Selvendran, learned Special Government Pleader appearing for respondents 1 to 6.

3. The petitioner is placing reliance upon the sale deed dated 26.10.1992 and also the release deed dated 15.12.2014 to trace his title and right over the property. The petitioner is also placing reliance upon the joint patta issued in Patta Nos.399 and 1659. The petitioner submitted an OnLine application by paying the necessary charges on 03.02.2025 seeking for survey of the subject property. 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 respondents 4 and 5 to act upon the OnLine application submitted by the petitioner on 03.02.2025 and conduct the survey strictly based on the title document and the joint patta that stands in the name of the petitioner. This process shall be completed within a period of four (4) weeks from the date of receipt of a copy of this order. If there are any other interested parties, such survey shall be conducted in their presence. N.ANAND VENKATESH, J 3/4

gm If any further charges are liable to be paid by the petitioner, the same shall be paid before conducting the survey.

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

26.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The District Collector, Salem, Salem District. 2.The District Revenue Officer, Salem, Salem District.

3.The Revenue Divisional Officer Mettur, Salem, Salem District.

4.The Tahsildar Mettur, Salem, Salem District.

5.The Head Surveyor, Mettur, Salem, Salem District.

6.The Village Administrative Officer, Alamarathupatti Village, Mettur Taluk, Salem District. 4/4