P.Ethiraj v. District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.10.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.31154 of 2024 P.Ethiraj
...Petitioner
Vs.
1. The District Collector, Vellore District.
2. The Tasildhar, Peranamput Taluk Office, Vellore District.
3. The Surveyor, Peranamput Taluk Office, Vellore District.
4. C.Rajagopal
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2 & 3 to survey the petitioner's land situated at Paravakkal Village, Peranamput Taluk, Vellore District comprising survey No.156/5 to the extent of 0.05 Acre, survey No.156/6 to the extent of 1.11 Acre (Totally 1 Acre 16 cents), survey No.156/5 to the extent of 0.05 Acre & survey No.157/1 to the extent of 0.15 acre within specific time frame and pass such further or other orders may deem fit and proper.
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For Petitioner : Mr.G.Peranban For R1 to R3 : Mr.S.J.Sathik Mohamed Government Advocate
O R D E R
The petitioner herein seeks a direction to the respondents 2 & 3 to survey his land situated in survey No. 156/5 to the extent of 0.05 Acre, survey No.156/6 to the extent of 1.11 Acre (Totally 1 Acre 16 cents), survey No.156/5 to the extent of 0.05 Acre & survey No.157/1 to the extent of 0.15 acre, Paravakkal Village, Peranamput Taluk, Vellore District, by considering his on-line application dated 20.04.2024.
2. By consent of both the learned counsel appearing for the petitioner as well as respondents 1 to 3, this writ petition is disposed of at the admission stage itself.
3. It is the case of the petitioner that 0.05 acre of land in survey No. 156/5 and 1.26 acre of land in survey no.156/6 was purchased by the petitioner's father Pandu Mandiri under registered sale deed dated 06.07.1969. Subsequently, a portion of the property was sold by his father to a third party. 2/5
Thereafter, the petitioner herein purchased portion of the property situated in survey Nos.156/5 and 157/1 under registered sale deed dated 03.12.2018. The petitioner submitted an on-line application dated 20.04.2024 seeking survey of the land and the same has not been considered till date. Therefore, the petitioner is before this Court.
4. Mr.S.J.Sathik Mohamed, learned Government Advocate, who takes notice for the respondents 1 to 3 would submit that on-line application of the petitioner for survey of land will be considered on its own merits and appropriate orders will be passed.
5. In view of the above submission made by the Government Advocate, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the second respondent to consider the on-line application of the petitioner dated 20.04.2024 and pass final orders, within a period of eight weeks from the date of receipt of copy of this order, after issuing notice to the petitioner, the fourth respondent and any other interested parties.
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6. With the above direction, this Writ Petition is disposed of. No costs.
24.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To
1. The District Collector, Vellore District.
2. The Tasildhar, Peranamput Taluk Office, Vellore District.
3. The Surveyor, Peranamput Taluk Office, Vellore District.
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S. SOUNTHAR, J.
av W.P No.31154 of 2024 24.10.2024 5/5