K.Raja v. The District Collector

IN THE HIG H COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.21107 of 2024 K.Raja .. Petitioner

Versus

1.The District Collector, Salem District, Salem.

2.The Assistant Director, Survey and Land Records, Salem District, Salem 3.The Taluk Surveyor, Land Survey Division, Taluk Office, Salem.

4.The Tahsildar, Salem Taluk, Taluk Office, Salem District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to survey the land bearing Survey No.23/7A1 in Erumapalayam Village, Salem Taluk, Salem District by updating their survey records including the Field Measurement Book, by considering the online application dated 10.07.2024 and to issue a separate patta for the extent of 8235 sq.ft., within a time frame as may be fixed by this Court.

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For Petitioner : Ms.Elizabeth Ravi For Respondents : Mr.P.Sathish, Additional Government Pleader

ORDER

With the consent of both sides, the main writ petition itself is taken up for final disposal at the admission stage.

2. This Writ Petition is filed to direct the respondents to survey the land bearing Survey No.23/7A1 in Erumapalayam Village, Salem Taluk, Salem District by updating their survey records including the Field Measurement Book, by considering the online application dated 10.07.2024 and to issue a separate patta for the extent of 8235 sq.ft.

3. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.

4. The case of the petitioner is that he has purchased the land to an extent of 8235sq.ft., in R.S.No.23/7A1 in Erumapalayam Village, Salem Taluk, under sale deed dated 26.04.2024 and he is the owner of the said land and joint 2/5

patta has been issued including his name in the above mentioned survey number and the revenue records. The grievance of the petitioner is that though he has applied through online for issuance of separate patta on 08.05.2024 and has also applied on 10.07.2024 through online for surveying the said lands in R.S.No.23/7A1 in accordance with the boundaries mentioned in the sale deed and to lay stone, the same has not been considered by the respondents till date. Hence, the present Writ Petition.

5. Considering the limited relief sought for in this writ petition, the respondents are directed to consider the application of the petitioner dated 10.07.2024 and pass appropriate orders on the same, after giving notice to the neighbouring land owners and any other parties interested, within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 29.07.2024 raa Index :Yes/No Internet :Yes/No To 1.The District Collector, Salem District, Salem.

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2.The Assistant Director, Survey and Land Records, Salem District, Salem 3.The Taluk Surveyor, Land Survey Division, Taluk Office, Salem.

4.The Tahsildar, Salem Taluk, Taluk Office, Salem District.

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N. SATHISH KUMAR, J.

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