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Madras High CourtWP/15956/2025disposed of

R.Machagandhi v. The District Collector

2025-04-30Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. R.Machagandhi W/o.Rajasekhar, Kiliyur Village And Post, Ulundurpettai Taluk, Kallakurichi District-606 102.

Petitioner(s) Vs

1. The District Collector Kallakurichi District.

2.The Tahsildar Ulundurpettai Taluk, Kallakurichi District.

3.The Sub-registrar, Elavanasur, Kallakurichi District.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus directing the 2nd respondent to forthwith consider and dispose of

the petitioner's application dated 28.03.2025 seeking a land survey and patta transfer in respect of the property situated in Survey No.42/4A, A.Athipakkam Village, comprising a portion of land measuring 0.27 cents forming part of a total extent of 0.43.0 hectares (equivalent to 1.06 acres) and to carry out the necessary field survey and mutation of patta in the petitioners name, based on the registered Gift Settlement Deed (Document No.689/2025) within the time frame fixed by this Court For Petitioner(s):

Mr.M. Elumalai For Respondent(s):

Mr.A.Selvendran Special Government Pleader for R1 to R3

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 2 nd respondent to deal with the on-line application submitted by the petitioner on 19.02.2025 wherein the petitioner is seeking for survey of the property and for demarcation of boundaries.

2.

Heard Mr.M.Elumalai, learned counsel for the petitioner and Mr.A.Selvendran, learned Special Government Pleader for Respondents 1 to 3. 3.

The petitioner is placing reliance upon the registered gift cum settlement deed dated 12.02.2205 registered as document No.689 of 2025. The

petitioner submitted an on-line application on 19.02.2025 seeking for survey of the subject property by paying necessary charges. Since the same was not acted upon, a representation was made by the petitioner on 28.03.2025, which also did not evoke any response. It is under these circumstances, the present writ petition has been filed before this Court.

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 2 nd respondent to consider the on-line application dated 19.02.2025 and conduct the survey in the subject property based on the title documents. This process shall be completed within a period of four weeks from the date of receipt of a copy of this order. If there are any rival claimants, the survey shall be conducted in their presence.

5.

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

30-04-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The District Collector Kallakurichi District.

2.The Tahsildar Ulundurpettai Taluk, Kallakurichi District.

3.The Sub-registrar, Elavanasur, Kallakurichi District.

N.ANAND VENKATESH J.

rka 30-04-2025