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Madras High CourtWP/33058/2024allowed

T.Sekar v. The District Collector

2024-11-13Honourable Ms. Justice P.T. Asha7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA & W.M.P.No.35824 of 2024 1.T.Sekar 2.P.Subramani

...Petitioner

Vs.

1.The District Collector Salem District, Salem.

2.The Tahsildar Gangavalli Taluk, Gangavlli, 3.The Village Administrative Officer o/o.Village Administrative Officer, Manmalai Palakkadu Village, 1/7

4.The Superintendent of Police Salem District, Salem.

5.The Deputy Superintendent of Police Athur Sub Division, Athur Town, 6.The Inspector of Police Thamamatti Police Station, UK head surveyor, 7.Surian 8.Sivakumar

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondents 1 to 6 to consider the petitioners representation dated 06.06.2023.

For Petitioner :

Mr. M.Prabhakar For Respondents :

Mr. R.P.Murugan Raja 1 to 3 Government Advocate For Respondents :

Mr. Vinoth Raja 2/7

4 to 6 Government Advocate (Crl. Side)

O R D E R

The above Writ Petition has been filed seeking a mandamus to the respondents 1 to 6 to consider the petitioners' representation dated 06.06.2023, seeking to survey their property.

2. The grievance of the petitioners is that despite making the representation on 06.06.2023, the respondents have not proceeded to survey the land in question.

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

4. Considering the facts and circumstances of the case, the respondents are directed to consider the petitioners' representation and conduct survey of the subject property. The petitioners shall submit 3/7

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 said exercise shall be completed within a period of 6 weeks from the date of receipt of a copy of this order.

5. The Writ Petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs.

13.11.2024 Index : Yes/No Internet : Yes/No kan 4/7

To 1.The District Collector Salem District, Salem.

2.The Tahsildar Gangavalli Taluk, Gangavlli, 3.The Village Administrative Officer o/o.Village Administrative Officer, Manmalai Palakkadu Village, 4.The Superintendent of Police Salem District, Salem.

5.The Deputy Superintendent of Police Athur Sub Division, Athur Town, 5/7

6.The Inspector of Police Thamamatti Police Station, UK head surveyor, P.T. ASHA, J, kan W.P.No. 33058 of 2024 6/7

13.11.2024 7/7