M.Sivakumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR M.Sivakumar ... Petitioner Vs.
1.The District Collector, Cuddalore District.
2.The Thasildar, Veppur Taluk (Land Survey Division), Cuddalore District.
3.The Inspector of Police, Veppur, Cuddalore District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the Respondents 1 and 2 to fix the boundaries and survey the petitioners Agricultural lands in Patta No.1403, lands measuring 69 cents in Survey No.59/4 and 1.04 acres in Survey NO.59/6 in total 1.73 acres in Nallur Village, Veppur Taluk, Cuddalore District, with the assistance of the 3rd Respondent police within the time frame fixed by this Court. For Petitioner : Mr.S.Senthilnathan For Respondents : Mr.A.Selvendran Special Government Pleader (For R1 & R2) 1/4
Mr.S.Sugendran Additional Public Prosecutor (for R3)
ORDER
The petitioner herein seeks a direction to the Respondents 1 and 2 to survey the petitioner's properties situated in Survey Nos.59/4 and 59/6 covered by patta land No.1403 Nallur Village, Veppur Taluk, Cuddalore District.
2. It is the case of the petitioner that the subject property was purchased by the petitioner's mother under registered sale deeds dated 26.12.1996 on 23.10.2000. The petitioner's mother died in the year 2020. The petitioner herein is the only legal heir of the petitioner's mother and the revenue document has been mutated in favour of the petitioner and patta was issued in Patta No.1403. Now, the petitioner submitted a representation on 29.05.2024, the same was not considered. Thereafter, the petitioner submitted an online application on 31.05.2024, seeking survey of the above mentioned land in application No.2024/0123/18/002858. The same has not been considered due to objection by neighbours. Aggrieved by the same, the petitioner has come before this Court seeking a direction to the Respondents to survey the land as requested by the petitioner.
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3. When the writ petition was taken up for hearing, the learned Special Government Pleader appearing for the Respondents 1 and 2 based on written instruction of the 2nd Respondent in his proceedings Na.Ka.C1/799/2024 dated 24.10.2024 submits that the date for surveying the petitioner's land has been fixed as 05.11.2024.
4. The said submission made by the learned Additional Government Pleader is recorded. The writ petition is disposed of with a clarification, in case of objection by neighbours, their claim shall be considered by the Respondents and final orders shall be passed on its own merits. No costs. 25.10.2024 Speaking (or) Non Speaking Order Index : Yes/ No mka To:
1.The District Collector, Cuddalore District.
2.The Thasildar, Veppur Taluk (Land Survey Division), Cuddalore District.
3.The Inspector of Police, Veppur, Cuddalore District.
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S.SOUNTHAR, J.
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