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Madras High CourtWP/33992/2024allowed

Aravazhi Manikandan v. The Revenue Divisional Officer

2024-11-19Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Aravazhi Manikandan

...Petitioner

Vs.

1. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Sriperumbudur, Kanchipuram District, Tamilnadu.

2. The Tahsildar, O/o. The Tahsildar, Kundrathur, Kundrathur, Chennai 600 069

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, direct the respondents to survey the petitioner's land bearing Survey No.188/3 to an extent of 20 cents at Pazathandalam Village, Kundrathur Taluk, Kanchipuram District and demarcate the same by metes and bounds and assign sub-division survey number within a stipulated time, considering the petitioner's online application made on 16.06.2023 by considering the petitioner's representation 1/5

dated 25.07.2023.

For Petitioner :

Mr. P.R.Thirruneelakandan For Respondents :

Mr.P.Sathish Additional Government Pleader.

O R D E R

Challenging the refusal to survey the suit property, the petitioner is before this Court.

2. The petitioner purchased the suit property vide sale deed dated 18.07.2022, registered as Document No.7094 of 2022 on the file of the SRO, Padapai and he has been in possession and enjoyment of the same ever since. In order to demarcate the above property, he applied to the respondent on 08.10.2022, 01.03.2023 and 16.06.2023 through on-line by paying requisite fees. Despite this, the 2nd respondent did not turn up to survey his land. The petitioner has also made representations dated 25.07.2023 and 07.09.2023 to the 1st respondent. However, the survey has not been conducted to date. 2/5

Therefore, the petitioner is before this Court.

4. Heard the learned counsels on the either side and perused the records.

5. Considering the facts and circumstances of the case, mandamus is issued to the respondents 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 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 8 weeks from the date of receipt of a copy of this order.

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6. With the above directions, this Writ Petition is allowed. No costs.

19.11.2024 Index : Yes/No Internet : Yes/No srn To

1. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Sriperumbudur, Kanchipuram District, Tamilnadu.

2. The Tahsildar, O/o. The Tahsildar, Kundrathur, Kundrathur, Chennai 600 069 4/5

P.T. ASHA, J, srn W.P.No. 33992 of 2024 19.11.2024 5/5