R.Rajammal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA R.Rajammal ... Petitioner Vs.

1.The District Collector, Tiruppur District 2.The District Revenue Officer Tiruppur District 3.The Revenue Divisional Officer Tiruppur Division, Tiruppur, Tiruppur District 4.The Tahsildar Avinashi Taluk, Avinashi Tiruppur District 5.The Taluk Head Surveyor Avinashi Taluk, Avinashi Tiruppur District

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to take action to dispose oft he petitioners representation dated 11.9.2023 and 1/5

05.10.2024 submitted with regard to survey the Agriculture land of an extent of hectares 2.2.30,comprised in Survey Nos.326/1, 326/2B and 356/1, vide patta No.1185 and another an extent of hectares 1.49.0,comprised in survey Nos.325/1 and 325/2 vide patta No.1500 situated at Pongalur village, Avinashi Taluk, Tiruppur District, Considering petitioner long possession and enjoyment the Revenue Authorities issued patta in petitioner name vide patta Nos.1185 and 1500 for the said properties by making proper sub division.

For Petitioner : M/s.V.Logeswaren For Respondents : M/s.A.Selvendran Special GP, for R1 to R5.

O R D E R

The petitioner seeks a mandamus to the 4th and the 5th respondents to dispose of the petitioner's representation dated 11.09.2023 and 05.10.2024 seeking to survey the petitioner's land measuring an extent of 2.2.30 hectares comprised in Survey Nos.326/1, 326/2B, and 356/1 in patta No.1185 and another extent of land measuring 1.49.0 hectares comprised in Survey Nos.325/1 and 325/2 in patta No.1500 situate at Pongalur Village, Avinashi Taluk, Tiruppur District.

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2. It is the case of the petitioner that he is the absolute owner of the agricultural land measuring an extent of 2.2.30 hectares comprised in Survey Nos.326/1, 326/2B, and 356/1 in patta No.1185 and another extent of land measuring 1.49.0 hectares comprised in Survey Nos.325/1 and 325/2 in patta No.1500 situate at Pongalur Village, Avinashi Taluk, Tiruppur District. Since the petitioner wanted his property to be surveyed and demarcated by metes and bounds, he made representations dated 11.09.2023 and 05.10.2024 to respondents 4 and 5. However, the same has not been done. Therefore, the present writ petition has been filed.

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner and also the fact that the petitioner has made his representation as early as on 11.09.2023 and 05.10.2024, a mandamus is issued to the respondents 4 and 5 to conduct survey and subdivision 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 3/5

exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs. 08.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The District Collector, Tiruppur District 2.The District Revenue Officer Tiruppur District 3.The Revenue Divisional Officer Tiruppur Division, Tiruppur, Tiruppur District 4.The Tahsildar Avinashi Taluk, Avinashi Tiruppur District 5.The Taluk Head Surveyor Avinashi Taluk, Avinashi Tiruppur District 4/5

P.T. ASHA . J., (shr) 08.11.2024 5/5