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Madras High CourtWP/9149/2025disposed of

P.Manikandan v. The Commissioner Of Survey And Settlement

2025-03-19Honourable Mr Justice N. Anand Venkatesh6 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19-03-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. P.Manikandan Petitioner(s) Vs

1. The Commissioner Of Survey and Settlement Office of the Principal Secretary of Survey and Settlement, Chepauk, Chennai- 600 005.

2.The Land Administrative Commissioner The Land Administrative Department, II Floor, Ezhilagam Chepauk, Chennai-05.

3.The District Collector Collectorate, Salem District, Salem.

4.The Revenue Divisional Officer Office Of The Revenue Divisional, Mettur- 636 401.

5.The District Revenue Officer Collectorate, Salem District, Salem.

2/6 6.The Tahsildar Kadayampatti Taluk, Kadayampatti, Salem District- 636 351.

Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to depute a surveyor to inspect, survey and measure, report the actual measurement and boundaries of the petitioner's property in Survey No. 377/4 part, New Survey No.377/4A1A, ad measuring an extent of 49.0 cents situate at Danishpettai village, Kadayampatti Taluk, Salem District as per Payment made vide Challan No.2024/0105/08/479553, dated 27.02.2024, on the representation dated 27.05.2024 made by the petitioner.

For Petitioner(s):

Mr.A.Tamilarasan For Respondent(s):

Mr.M.R.Gokulkrishnan Additional Government Pleader

ORDER

This writ petition has been filed for issue of writ of mandamus directing the 6 th respondent to act upon the application submitted by the petitioner on 27.02.2024, wherein, the petitioner has sought for the survey of the subject property for demarcation of boundaries.

3/6 2.Heard Mr.A.Tamilarasan, learned counsel appearing on behalf of the petitioner and Mr.M.R.Gokulkrishnan, learned Additional Government Pleader appearing on behalf of respondents 1 to 6.

3.The petitioner is placing reliance upon a registered Sale Deed dated 01.06.1998 and also a Gift Deed executed in favour of the Panchayat Union dated 25.02.2008 and a Settlement Deed dated 10.04.2023 that was executed in favour of the petitioner with respect to the subject property. 4.In the light of the materials placed before this Court and the fact that the application submitted by the petitioner for the survey of the property is yet to be acted upon by the 6 th respondent, there shall be a direction to the 6 th respondent to act upon the application submitted by the petitioner on 27.02.2024 and take a decision with respect to the survey of the subject property, within a period of four weeks from the date of receipt of copy of this order. The survey shall be conducted based on the available title documents and other revenue records.

4/6 5.This writ petition is disposed of with the above directions. No Costs. 19-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

5/6 To 1.The Commissioner Of Survey And Settlement Office Of The Principal Secretary Of Survey And Settlement, Chepau, Chennai-05.

2.The Land Administrative Commissioner The Land Administrative Department, Ii Floor, Ezhilagam Chepauk, Chennai-05.

3.The District Collector Collectorate, Salem District, Salem.

4.The Revenue Divisional Officer Office Of The Revenue Divisional, Mettur- 636 401.

5.The District Revenue Officer Collectorate, Salem District, Salem.

6.The Tahsildar Kadayampatti Taluk, Kadayampatti, Salem District- 636 351.

6/6 N.ANAND VENKATESH J.

ssr 19-03-2025