P.B.Nagamallappa v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.36916 of 2024 1.P.B.Nagamallappa 2.Mallyamma 3.Yasotha ... Petitioners Vs.
1.The District Collector Erode District, Erode.
2.The Revenue Divisional Officer Gobichettipalayam, Erode District.
3.The Tahsildar Thilavadi, Erode District.
4.The District Adi Dravidar Welfare Office Erode.
5.The Special Tahsildar (Adw) Sathyamangalam, Erode District.
6.The Village Administrative Officer Panakahalli, Thalavathi Taluk, Erode District.
...Respondents
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Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the 3rd respondents to consider the petitioners on line application dated 26.07.2024 (Petition No.2024/ 0123/ 10/ 001505) with regard to depute the Head Surveyor to demarcate the boundaries of the land in Survey No.121/6 in respect of landed property of 2.72.5 Hectares in Panakahalli Village, Thalavadi Taluke, Erode District within a limited time frame. For Petitioner : M/s.V.Thirupathi For Respondents : M/s.G.Velu, AGP for R1 to R6.
O R D E R
The petitioners seeks a mandamus directing the 3rd respondents to consider the petitioners' on line application dated 26.07.2024 (Petition No.2024/ 0123/ 10/ 001505) with regard to depute the Head Surveyor to demarcate the boundaries of the land in Survey No.121/6 in respect of landed property of 2.72.5 Hectares in Panakahalli Village, Thalavadi Taluke, Erode District within a limited time frame.
2. It is the case of the petitioners that the property comprised in Survey No.121/6 measuring an extent of 2.72.5 hectares in Panakahalli 2/5
Village, Thalavadi Taluk, Erode District is their ancestral property and they are in absolute possession and enjoyment of the same for a long time. Since the petitioners wanted their property to be surveyed and demarcated, they had submitted an online application on 26.07.2024. However, the same has not been considered to date. Therefore, the present writ petition has been filed.
3. Heard the learned counsel on either side.
4. Considering the request of the petitioners and also the fact that the petitioners have submitted their online application as early as on 26.07.2024, a mandamus is issued to the respondents to conduct survey and subdivision of the petition mentioned property. The petitioners 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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5. With the above directions, this Writ Petition is allowed. No costs. Consequently, the connected Miscellaneous Petition is closed. 22.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The District Collector Erode District, Erode.
2.The Revenue Divisional Officer Gobichettipalayam, Erode District.
3.The Tahsildar Thilavadi, Erode District.
4.The District Adi Dravidar Welfare Office Erode.
5.The Special Tahsildar (Adw) Sathyamangalam, Erode District.
6.The Village Administrative Officer Panakahalli, Thalavathi Taluk, Erode District. 4/5
P.T. ASHA . J., (shr) and W.M.P.No.36916 of 2024 22.11.2024 5/5