L.Rajendiran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR L.Rajendiran ... Petitioner vs.

1.The District Collector Dharmapuri Dharmapuri District 2.The Tahsildar Pennagaram Taluk, Dharmapuri District 3.The Inspector of Police, Ariyur Police Station, Pennagaram, Dharmapuri District 4.Govindaraj ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to measure the petitioner's land bearing Survey No.373/1 20 Cents Land, 373/4 20 Cents Land, 373/5 3 Cents Land, 374/1 28 Cents Land at Sunjalnaththam Village, Pennagaram Taluk, Dharmapuri District and direct the 3rd respondent to give police protection while in survey and consider the representation dated 22.11.2023.

For Petitioner : Mr.M.Senthamizh Selvan For R1 and R2 : Mr.Krishna Raja 1/4

Additional Government Pleader For R3 : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

The petitioner herein seeks a direction to the 2nd respondent to survey his land in S.Nos.373/1, 373/4, 373/5 and 374/1 situated at Sunjalnaththam Village, Pennagaram Taluk, Dharmapuri District by considering his representation dated 22.11.2023.

2. According to the petitioner, he owns property bearing Survey Nos.373/1 to an extent of 20 cents, 373/4 to an extent of 20 cents, 373/5 to an extent of 3 cents and 374/1 to an extent of 28 cents situated at Sunjalnaththam Village, Pennagaram Taluk, Dharmapuri District. The petitioner submitted a representation to the 2nd respondent seeking survey of the above mentioned property on 22.11.2023 and paid a sum of Rs.2,000/- towards survey charges. The e-challans issued to the petitioner for having paid necessary charges is also produced in the typed-set of papers. It is further stated by the petitioner that when the 2nd respondent came to the above mentioned property for the purpose of survey along with Surveyor, it was objected to by the 4th respondent, who is adjacent land owner of the 2/4

petitioner's property. Thereafter, the 2nd respondent has not taken any steps to survey the property and hence, the present writ petition.

3. In view of the limited prayer made by the petitioner in this writ petition to survey the above mentioned property, without going into the merits of the claim made by the petitioner, this Court is inclined to direct the 2nd respondent to conduct enquiry on the request made by the petitioner by considering his representation dated 22.11.2023 after issuing proper notice to the 4th respondent and pass final orders for surveying the property of the petitioner, on it's own merits, within a period of six weeks from the date of receipt of a copy of this order.

4. With the above direction, the Writ Petition stands disposed. No costs.

06.08.2024 Index :Yes/No Speaking order :Yes/No :Yes/No dm 3/4

S.SOUNTHAR, J.

dm To 1.The District Collector Dharmapuri Dharmapuri District.

2.The Tahsildar Pennagaram Taluk, Dharmapuri District.

3.The Inspector of Police, Ariyur Police Station, Pennagaram, Dharmapuri District.

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