Perumal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Perumal

...Petitioner

Vs.

1.The District Collector District Collector Office, Perambalur-621 212.

2.The Tahsildar Taluk office, Adhur Main Road, Veppanthattai, Perambalur - 621 212.

3.The Land Surveyor, Land Survey Department, o/o.The Tahsildar Office, Taluk Main Road, Veppanthattai, Perambalur - 621 212.

4.The Inspector of Police Kaikalathur, Perambalur District - 621 117 5.Rajendran

...Respondents

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Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the 3rd respondent to measure and demarcate the petitioner's properties in Survey No.57/6B an extent of 0.33 ares, Survey No.59/1C an extent of 0.14.5 ares, Survey No.65/2 an extent of 0.39.5 ares at Kaikalathur (E) in Perambalur District based on petitioner's application No.2024/0123/ 16/ 001943. For Petitioner :

Mr. D.Veerakumar For Respondents :

Mr. R.P.Murugan Raja 1 to 4 Government Advocate.

O R D E R

Seeking mandamus to the respondents to survey the property, the petitioner is before this Court.

2. It is the case of the petitioner that he has purchased the subject property from one Arumugam, Mukkan and Muthusamy vide document No.820/2009. The patta in respect of the property also 2/6

stands in the name of the petitioner. Thereafter, the petitioner made an application on 16.07.2024 to measure the subject lands and mark the boundaries. The respondent received the said application. However, the same was not considered to date. Further, the 5th respondent, who is unrelated to the property is objecting to measure the petitioner's land. Therefore, the petitioner is before this Court.

3. Heard the learned counsels on the either side and perused the records.

4. Considering the facts and circumstances of the case, mandamus is issued to the respondents to conduct survey 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 5th respondent, 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. 3/6

The aforesaid exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs.

06.11.2024 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The District Collector District Collector Office, Perambalur-621 212.

2.The Tahsildar Taluk office, Adhur Main Road, Veppanthattai, Perambalur - 621 212.

3.The Land Surveyor, Land Survey Department, o/o.The Tahsildar Office, Taluk Main Road, Veppanthattai, Perambalur - 621 212.

4.The Inspector of Police Kaikalathur, Perambalur District - 621 117 5/6

P.T. ASHA, J, kan W.P.No. 31834 of 2024 06.11.2024 6/6