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Madras High CourtWP/15938/2025disposed of

M.Gugapriyan v. The District Collector

2025-04-30Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-04-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH

1. M.Gugapriyan S/o. Mani No. 134/19 Sindhiyannan Nagar, Jothi Nagar, Attur Town and Taluk, Salem District Petitioner(s) Vs

1. The District Collector Office Of The District Collectorate Salem District 2.The Tahsildar Office Of The Tahsildar Pethanaickenpalayam Taluk, Salem District 3.The Head Surveyor Office Of The Tahsildar, Pethanaickenpalayam Taluk, Salem District 4.The Inspector Of Police Ethapur Police Station, Salem District

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issue of writ of Mandamus directing the 2 nd and 3 rd respondents to measure the petitioners property in survey no. 165/1A to an total extent of about 19 1/4 cents and S no. 348/2 to an extent of about 2 acres 3 cents in Thumbal Village Pethanaicken Palayam Taluk, Salem District, by disposing of the petitioners on-line application dated 26.03.2025 vide petition no. 2025/0123/08/008942 and the same within the time stipulated by this Court and pass orders.

For Petitioner(s):

Mr.A.Rajakumar For Respondent(s):

Mr.M.R.Gokul Krishnan Additional Government Pleader for R1 to 3 Mr.Meganathan, Government Advocate for R4

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the 2 nd respondent to act upon the application dated 26.03.2025 wherein the petitioner is seeking for survey of the subject property and for demarcation of boundaries.

2.

Heard Mr.A.Raj Kumar, learned counsel for the petitioner and Mr.M.R.Gokul Krishnan, learned Additional Government Pleader for Respondents 1 to 3 and Mr.Meganathan, learned Government Advocate for 4 th respondent.

3.

The petitioner is relying upon the settlement deed dated 01.06.2018 registered as document No.1520 of 2018. The petitioner is also relying upon the patta issued in his name vide Patta No.1190. The petitioner wanted a survey to be conducted in the subject property and for demarcation of boundaries and hence, submitted an on-line application on 26.03.2025 after paying necessary charges. Since the same was not acted upon, 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 act upon the on-line application dated 26.03.2025 and conduct the survey in the subject property based on the title document and the patta that is relied upon by the petitioner. This process shall be completed by the nd respondent 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 Office Of The District collectorate Salem District 2.The Tahsildar Office Of The Tahsildar Pethanaickenpalayam Taluk, Salem District 3.The Head Surveyor Office Of The Tahsildar Pethanaickenpalayam Taluk, Salem District 4.The Inspector Of Police Ethapur Police Station, Salem District

N.ANAND VENKATESH J.

rka 30-04-2025