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Madras High CourtWP/11585/2025disposed of

Sagayamary v. The District Collector

2025-04-08Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

1. Sagayamary W/o Victor

2. Vargheese S/o Varaprakasam Petitioners Vs

1. The District Collector, Villupuram, Villupuram District.

2.The Revenue Divisional Officer, Villupuram District.

3.The Thasildar, Tindivanam Taluk, Tindivanam.

4.The Surveyor, Tindivanam Taluk, Tindivanam.

Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 3rd and 4th respondent to survey the land in S.No.83/2, Nallalam Village, Tindivanam Taluk and issue 1/6

separate patta in the name of the petitioners considering the petitioners representation dated 31.07.2024.

For Petitioners : Mr.V.Regunathan For Respondents : Mr.S.Jayachandran Government Advocate *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 3 and 4 to act upon the online application submitted by the petitioner on 14.08.2024 and to conduct survey in the subject property and to demarcate the boundaries.

2. Heard Mr.V.Regunathan, learned counsel appearing on behalf of the petitioners and Mr.S.Jayachandran, learned Government Advocate appearing on behalf of respondents.

3. The petitioners are claiming right and title over the subject property. A counter claim was made by one Thangavel on the basis of his name being included in the UDR patta. Thereafter, a suit came to be filed by 2/6

the legal heirs of Thangavel seeking for the relief of declaration of title and for permanent injunction in O.S.No.317 of 2008 before the Additional District Munsif Court, Tinidivanam. The said suit was dismissed by judgment and decree dated 06.11.2013 and thereafter, it was confirmed in the appeal in A.S.No.71 of 2013 by judgment and decree dated 06.11.2013 and it was further confirmed in S.A.No.837 of 2023 by this Court by judgment and decree dated 06.03.2024. Even thereafter, the rival parties were disturbing the peaceful possession and enjoyment of the property. According to the petitioners, their father was the owner of the property in Survey No.83/2 and after his demise, the petitioners had inherited the property.

4. In order to avoid any further confusion, the petitioners submitted an application seeking for survey of the subject property and for demarcation of boundaries with respect to Survey No.83/2. Since the same was not acted upon, the present writ petition has been filed before this Court.

5. Taking into consideration the facts and circumstances of the 3/6

case and the materials placed before this Court, there shall be a direction to the respondents 3 and 4 to act upon the online application submitted by the petitioner on 14.08.2024 and conduct survey in the subject property within a period of four (4) weeks from the date of receipt of a copy of this order. If there are any rival claims, such survey shall be conducted in their presence. This writ petition is disposed of with the above direction. No costs.

08.04.2025 Index : Yes/No Netural Citation: Yes/No Speaking Order / Non Speaking Order gm 4/6

1. The District Collector, Villupuram, Villupuram District.

2.The Revenue Divisional Officer, Villupuram District.

3.The Thasildar, Tindivanam Taluk, Tindivanam.

4.The Surveyor, Tindivanam Taluk, Tindivanam.

N. ANAND VENKATESH, J.

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