Maharaja v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2024

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA Maharaja

...Petitioner

Vs.

1.The District Collector, Cuddalore, Cuddalore District 2.The Revenue Divisional Officer, Cuddalore, Cuddalore District.

3.The Tahsildar, Panrutti Taluk, Cuddalore District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the 1 to 3 respondents to consider my representation dated 29.05.2023 for Survey of my land comprising in S.No.28/2, bearing patta No.346, situated at Thirasu Village, Panrutti Taluk, Cuddalore District.

For Petitioner : Mr.S.Siva Kumar 1/5

For Respondents : Mr.A.Selvendran Special Government Pleader for R1 to R3

ORDER

Seeking a mandamus to the respondents to survey comprising in S.No.28/2, bearing patta No.346, situated at Thirasu Village, Panrutti Taluk, Cuddalore District, based on the representation dated 29.05.2023 submitted the respondents 1 to 3, the petitioner is before this Court. 2.The case of the petitioner is that in 1999, the petitioner's father divided agricultural land among his children, with the petitioner becoming the absolute owner of a 0.43-acre parcel (S.No.28/2, Patta No. 346) in Thirasu Village, Cuddalore District, as per a registered partition deed. Since then, the petitioner has cultivated the land without any issues, and the revenue records have been updated in the petitioner's name. On 29.05.2023, the petitioner requested a land survey from the authorities, submitting the necessary application and fees. The 1st respondent forwarded the request to the 3rd respondent, who acknowledged it on 12.06.2023. However, the 3rd respondent has yet to carry out the survey, for reasons unknown to the 2/5

petitioner.

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 29.05.2023, a mandamus is issued to the respondents 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 exercise shall be completed within a period of one month from the date of receipt of a copy of this order. 5.With the above directions, this writ petition is allowed. No costs. 07.11.2024 vsn 3/5

To 1.The District Collector, Cuddalore, Cuddalore District 2.The Revenue Divisional Officer, Cuddalore, Cuddalore District.

3.The Tahsildar, Panrutti Taluk, Cuddalore District.

4/5

P.T. ASHA, J.

vsn 07.11.2024 5/5