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Madras High CourtWP/23670/2024disposed of

Arulmozhi v. The District Collector

2024-08-19Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and WMP No.25895 of 2024

1. Arulmozhi

2. Revathi ... Petitioners vs.

1. The District Collector, Gundu Salai Road, Alpet, Manjakuppam, Cuddalore, Tamil Nadu 607 001.

2. The Tahsildar, Taluk Office, Panruti, Tamil Nadu 607 106.

3. Land Survey Officer, Taluk Office, Panruti, Tamil Nadu 607 106.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to appoint a surveyor and to survey the land situated at Survey Nos.125/16 (measuring an extent of 0.13.5 Ares) 125/19 (measuring an extent of 0.03.5 1/6

Ares) and 125/20 (measuring an extent of 0.02.0 ares), Palavayaranatham village, Panrutti Sub-registration District, Cuddalore Registration District as per the application submitted by the petitioner and the survey fee paid by the petitioner.

For Petitioners : Ms.B.Aparna For Respondents : Mr.P.Sathish (for R1 to R3) Additional Government Pleader

O R D E R

The petitioners herein seek a direction to the respondents to survey the land situated in Survey Nos.125/16, 125/19 and 125/20, Palavayaranatham village, Panrutti Sub-registration District, Cuddalore Registration District, by considering the application of the petitioners.

2. According to the 1st petitioner she is the owner of lands situated in Survey Nos.125/16, 125/19 and 125/20 and patta for the same was issued in favour of the 1st petitioner on 19.04.2000. The 2nd petitioner is the daughter of the 1st petitioner, in whose favour the 1st petitioner has executed a settlement deed dated 14.07.2022 vide Doc.No.2273 of 2022 on the file of the Sub Registrar, Panrutti, in respect of lands in S.No.125/16. The 2/6

petitioners submitted an application on 21.07.2023, seeking survey of the above mentioned lands. The 2nd respondent also issued a notice to the objectors, viz., Thangamurugan and two others. Thereafter, there is no progress in the matter. Aggrieved by the same, the petitioners are before this Court.

3. The learned Additional Government Pleader appearing for the respondents would submit that in view of the fact that the survey of the lands, is opposed by some of the neighbours, the 2nd respondent has issued notice to the objectors and he will pass final orders on the application of the petitioners, in accordance with law, within the time limit fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioners, this Court is inclined to direct the 2nd respondent to consider the application of the petitioners dated 21.07.2023, seeking survey of the above mentioned lands and pass final orders within a period of eight weeks from the date of receipt of a copy of this order, after giving opportunity to the petitioners as well as rival claimants. 3/6

5. With the above direction, the Writ Petition stands disposed of. No Costs. Consequently, the connected Writ Miscellaneous Petition is closed. 19.08.2024 Index : Yes/No Speaking order:Yes/No ars To

1. The District Collector, Gundu Salai Road, Alpet, Manjakuppam, Cuddalore, Tamil Nadu 607 001.

2. The Tahsildar, Taluk Office, Panruti, Tamil Nadu 607 106.

3. Land Survey Officer, Taluk Office, Panruti, Tamil Nadu 607 106.

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S.SOUNTHAR, J.

ars 5/6

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