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Madras High CourtWP/32302/2024allowed

S.Selvaraj v. The District Collector

2024-11-07Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2024

CORAM

THE HON'BLE MS.JUSTICE P.T.ASHA S.Selvaraj ... Petitioner Vs.

1. The District Collector, Office of the Collectorate, Namakkal District.

2. The Tahsildar, Office of the Tahsildar, Trichengode Taluk, Namakkal District.

3. The Head Surveyor, Office of Tahsildar, Trichengode Taluk, Namakkal District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the 2nd and 3rd respondent authorities to measure the petitioner's property and issue separate patta in favour of the petitioner after appropriate sub division to the petitioner's property in Survey No.125/3A to a total extent of about 71 cents in Minnampalli Village, Trichengode Taluk, Namakkal District by disposing of Page No. 1 of 4

the petitioner's online application No.2024/0123/09/002018 dated 13.09.2024.

For Petitioner : Mr.A.Rajakumar For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

The above Writ Petition is filed for a Mandamus to direct the 2nd and 3rd respondent authorities to measure the petitioner's property and issue separate patta in favour of the petitioner after appropriate sub division to the petitioner's property in Survey No.125/3A to a total extent of about 71 cents in Minnampalli Village, Trichengode Taluk, Namakkal District by disposing of the petitioner's online application No.2024/0123/09/002018 dated 13.09.2024.

2. Heard the learned counsel on either side.

3. Considering the request of the Petitioner and also the fact that the Petitioner has made an online application as early as on 13.09.2024 which has not been acted upon, a mandamus is issued to the Respondents to Page No. 2 of 4

conduct survey and subdivision of the petition mentioned property. The Petitioner shall submit all the relevant records to show their 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.

4. With the above directions, this Writ Petition is allowed. No costs. 07.11.2024 Index : Yes/No Speaking/Non-speaking Order rgm Page No. 3 of 4

P.T.ASHA, J.

rgm To

1. The District Collector, Office of the Collectorate, Namakkal District.

2. The Tahsildar, Office of the Tahsildar, Trichengode Taluk, Namakkal District.

3. The Head Surveyor, Office of Tahsildar, Trichengode Taluk, Namakkal District.

07.11.2024 Page No. 4 of 4