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Madras High CourtWP/32053/2024disposed of

Mrs.A.Malar v. The District Collector

2024-10-28Honourable Mr Justice S. Sounthar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR A.Malar ... Petitioner Vs.

1.The District Collector, Villupuram District-605 602.

2.The District Revenue Officer, Villupuram District-605 602.

3.The Revenue Divisional Officer, Villupuram District-605 602.

4.The Assistant Director of Survey, and Land Records, Villupuram, Villupuram District-605 602.

5.The Taluk Land Surveyor/ Superintendent of Taluk Surveyor, O/o.Kandachipuram Taluk, Villupuram District-605 701.

6.The Revenue Tahsildar, Kandachipuram Taluk, Villupuram District-605 701.

... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the Respondents 4 to 6 to conduct a survey and fix the boundaries on petitioner's lands situated in Survey No.118/3A1 (Old S.No.118/3A) and 118/4A2 (Old S.No.118/4A) in Othiyathur Village, Kandachipuram Taluk, Villupuram District based on the petitioner's registered sale deed in Document No.9080/2011 dated 02.12.2011 and online application payments made for survey the lands in Challan No.20231228002121 and Challan No.20231228002317 dated 28.12.2023 within a time frame fixed by this Court.

For Petitioner : Ms.S.Hemaa For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

The petitioner herein seeks a direction to survey his property situated in Survey No.118/3A1 (Old S.No.118/3A) and 118/4A2 (Old S.No.118/4A) situated in Othiyathur Village, Kandachipuram Taluk, Villupuram District,by considering his online application dated 28.12.2023 in Challan No.20231228002121.

2. It is the case of the petitioner that she acquired right over the above mentioned property under registered sale deed dated 02.12.2011 and thereafter she submitted an online application on 28.12.2023 seeking survey of the property, the same has not been considered. Hence, the petitioner has come before this Court.

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3. The learned Additional Government Pleader who takes notice for Respondents would submit that the online application will be considered on its own merits within the time stipulated by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioner, the 6th Respondent is directed to consider the online application dated 28.12.2023 and pass final orders on its own merit within a period of 8 weeks from the date of receipt of a copy of this order after issuing notice to the petitioner and other interested parties.

5. Accordingly, the writ petition is disposed of. No costs. 28.10.2024 Speaking (or) Non Speaking Order Index : Yes/ No mka 3/6

S. SOUNTHAR, J.

mka To:

1.The District Collector, Villupuram District-605 602.

2.The District Revenue Officer, Villupuram District-605 602.

3.The Revenue Divisional Officer, Villupuram District-605 602.

4.The Assistant Director of Survey, and Land Records, Villupuram, Villupuram District-605 602.

5.The Taluk Land Surveyor/ Superintendent of Taluk Surveyor, O/o.Kandachipuram Taluk, Villupuram District-605 701.

6.The Revenue Tahsildar, Kandachipuram Taluk, Villupuram District-605 701.

28.10.2024 4/6

W.P.No.32053 of 2024 S.SOUNTHAR,J.

The Writ Petition is listed under the caption 'For Being Mentioned' at the instance of learned counsel for the petitioner.

2. In the writ petition, direction was sought for to conduct survey in respect of two Challan Numbers. However, in the order, only one Challan Number is mentioned and Challan No.20231228002317 is omitted to be mentioned in the writ order. Therefore, the Registry is directed to include the Challan No.20231228002317 in the last line of Paragraph No.1. In the Paragraph No.2 of the writ order, the word 'property' shall be substituted as 'properties'.

3. It is also brought to the notice of this Court that the petitioner is a female and wherever there is a reference about the petitioner, the pronoun 'his' is used instead of 'her'. Therefore, wherever there is a reference about the petitioner, the appropriate pronoun 'her' has to be substituted in the order dated 28.10.2024. In the 2nd line of Paragraph No.4, the 'online application' has to be substituted in plural form as 'online applications'.

4. The Registry is further directed to issue fresh order copy to the learned counsel for the petitioner, after carrying out above said corrections. 03.12.2024 dm Note: Issue order copy on 04.12.2024.

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S.SOUNTHAR,J.

dm W.P.No.32053 of 2024 03.12.2024 6/6