A.C.Chidambarasamy v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.11.2024
CORAM
THE HON'BLE MS.JUSTICE P.T.ASHA A.C.Chidambarasamy ... Petitioner Vs.
1. The Tahsildar, Gopichettipalaym Taluk, Taluk Office, Gopichettipalayam, Erode District.
2. The Zonal Sub Inspector, (Land Surveyor Section), Taluk Office, Gopichettipalayam, Erode District.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the respondents to survey the land measuring 1 acre 24 cents comprised in S.No.111 of Alukkuli Village, Gobichettypalayam Taluk, Erode District, sub-divide the land measuring 28 1⁄2 cents comprised in S.No.111 of Alukkuli Village jointly owned by the petitioner and his elder brother Mr.Sivalingasamy; and issue separate patta to them, within the time limit that may be fixed by this Honorable Court based Page No. 1 of 4
on the representation dated 29.09.2015 and subsequent reminder representations dated 06.06.2016, 02.07.2018, 17.06.2019, 04.11.2019, 16.03.2020, 22.07.2024 and 02.09.2024 sent by the petitioner. For Petitioner : Mr.S.B.Vishwanathan For Respondents : Mr.P.Sathish Additional Government Pleader
ORDER
Mr.P.Sathish, learned Additional Government Pleader takes notice on behalf of the Respondents.
2. The Petitioner and his brother has sent an application as early as on 29.09.2015, requesting the 1st Respondent to survey the land measuring to an extent of 1 acres and 22 cents comprised in S.No.111 of Alukkuli Village and subdivide the same and further assign separate sub-divided survey numbers to the land owned by the Petitioner and his brother. The necessary fees had also been paid by them. Despite several representations has been made starting from the year 2006, there is being no progress.
3. Heard the learned counsel on either side.
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4. Considering the request of the Petitioner and also the fact that the Petitioner has made his representation as early as on 29.09.2015, a mandamus is issued to the Respondents to conduct survey and subdivision of the petition mentioned property. The Petitioner shall submit all the relevant records to show his title to the property and the Respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this Order.
5. With the above directions, this Writ Petition is allowed. No costs. 04.11.2024 Index : Yes/No Speaking/Non-speaking Order rgm Page No. 3 of 4
P.T.ASHA, J.
rgm To
1. The Tahsildar, Gopichettipalaym Taluk, Taluk Office, Gopichettipalayam, Erode District.
2. The Zonal Sub Inspector, (Land Surveyor Section), Taluk Office, Gopichettipalayam, Erode District.
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