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Madras High CourtWP/33404/2024allowed

Subramani v. The District Collector

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2024

CORAM

THE HON'BLE MS.JUSTICE P.T.ASHA Subramani ... Petitioner Vs.

1. The District Collector, District Collectorate Office, Dharmapuri District.

2. The Revenue Divisional Officer, RDO Office, Dharmapuri District.

3. The Tahsildar, Taluk Office, Pennagaram Taluk, Dharmapuri District.

4. The Land Surveyor, Tahsildar Office, Pennagaram Taluk, Dharmapuri District.

5. The Village Administrative Officer, Onnappagoundanhalli Panchayat and Post, Pennagaram Taluk, Dharmapuri District.

... Respondents Page No. 1 of 5

Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the 3rd Respondent to consider and dispose Petitioner's representation dated 03.09.2024 requesting to survey and to fix the boundaries to Petitioner's agricultural land comprised in Survey No.144/2, situated at Onnappagoundanhalli Village and Post, Pennagaram Taluk, Dharmapuri District, admeasuring an extent of 2.22 acres, as per the revenue records.

For Petitioner : Mr.D.Ramesh Kumar For Respondents : Mr.A.Selvendran Special Government Pleader

ORDER

Mr.A.Selvendran, learned Special Government Pleader takes notice on behalf of the Respondents.

2. The above Writ Petition is filed for a Mandamus to survey the lands comprised in Survey No.144/2 measuring to an extent of 2.22 acres at Onnappagoundanhalli Village and Post, Pennagaram Taluk, Dharmapuri District and to sub divide the same and to fix the boundaries based on the Petitioner's Application dated 03.09.2024.

3. Heard the learned counsel on either side.

Page No. 2 of 5

4. Considering the request of the Petitioner and also the fact that the Petitioner has made an application as early as on 03.09.2024, a mandamus is issued to the Respondents to conduct survey and fix the boundaries of the petition mentioned property. The Petitioner shall submit 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 aforesaid exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this Order.

5. With the above directions, this Writ Petition is allowed. No costs. 19.11.2024 Index : Yes/No Speaking/Non-speaking Order rgm Page No. 3 of 5

To

1. The District Collector, District Collectorate Office, Dharmapuri District.

2. The Revenue Divisional Officer, RDO Office, Dharmapuri District.

3. The Tahsildar, Taluk Office, Pennagaram Taluk, Dharmapuri District.

4. The Land Surveyor, Tahsildar Office, Pennagaram Taluk, Dharmapuri District.

5. The Village Administrative Officer, Onnappagoundanhalli Panchayat and Post, Pennagaram Taluk, Dharmapuri District.

Page No. 4 of 5

P.T.ASHA, J.

rgm 19.11.2024 Page No. 5 of 5