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Madras High CourtWP/32966/2024allowed

Govindan v. The Thasildar

2024-11-11Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Govindan

...Petitioner

Vs.

1.The Thasildar Taluk Office, Uthangarai, Krishangiri District.

2.The Inspector of Police Uthangarai Police Station, Krishnagiri District

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the respondents with the help of police aid to survey the land and make sub-division in respect of lands measuring to an extent of 5 acres 85 cents out of acre 6.10 acres comprised in 1/6

S.Nos. 135/1A1, 135/1A2 and 136/2A as per decree and judgment in A.S.No.5/2019 of Sub-Court, Uthangarai as per patta No.623 and give sub division number for an extent of 16 cents in S.No.136/2A situated at Karapatu Village, Uthangarai Taluk, Krishnagiri District. For Petitioner :

Mr. K.Thiruvengadam For Respondent 1:

Mr. G.Velu Additional Government Pleader.

For Respondent 2:

Mr. R.Vinoth Raja Government Advocate (Crl Side)

O R D E R

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

2. The petitioner submits that he is the owner of the agricultural lands measuring an extent of 5 Acres 85 Cents out of 6.10 Acres comprised in S.Nos.135/1A1, 135/1A2 and 136/2A, situate at 2/6

Karapattu Village, Uthangarai Taluk, Krishnagiri District. The petitioner submits that to survey his lands, he made an application to the 1st respondent on 22.09.2023. He has also paid necessary charges for surveying the land. However, the 1st respondent has not considered the same. Therefore, the present Writ Petition.

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 1st respondent 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 1st respondent 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 3/6

exercise shall be completed within a period of 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.

11.11.2024 Index : Yes/No Internet : Yes/No kan To 1.The Thasildar Taluk Office, Uthangarai, Krishangiri District.

2.The Inspector of Police Uthangarai Police Station, Krishnagiri District 4/6

P.T. ASHA, J, kan W.P.No. 32966 of 2024 5/6

11.11.2024 6/6