Sivasakthi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.11.2024

CORAM:

THE HONOURABLE Ms. JUSTICE P.T. ASHA Sivasakthi

...Petitioner

V.s 1.The District Collector, 2.The Tahsildar, Kalavai Taluk, 3.The Head Surveyor, Kalavai Taluk,

...Respondents

Prayer: Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the 2nd and 3rd respondents to survey the property comprised in survey Nos.13/3A and 13/3B of Melapalandai Village, Kalavai Taluk, Ranipet District by fixing the boundaries by meets and bounds based on petitioner's 1/5

representation dated 19.10.2023.

For Petitioner : Mr.M.Rajasekaran For Respondent : Mr.G.Velu Additional Government Pleader

ORDER

Challenging the refusal to survey the suit property, the petitioner is before this Court.

2. The petitioner purchased the suit property vide sale deed dated 02.05.2023, registered as document No.802 of 2023 on the file of the SRO, Kalavai. The petitioner also obtained patta in Patta No.1345, based on which, he had made a representation dated 19.10.2024 to survey the property by paying the necessary fees. However, the survey has not been conducted to date. Hence, the petitioner is before this Court.

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

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4. Considering the facts and circumstances of the case, a mandamus is issued to the respondents to conduct survey of the petition mentioned property. The petitioner shall submit all the relevant records to show her 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 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 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.

18.11.2024 Index: Yes/No Speaking order/non-speaking order srn To, 1.The District Collector, 2.The Tahsildar, 3/5

Kalavai Taluk, 3.The Head Surveyor, Kalavai Taluk, P.T.ASHA, J., srn 4/5

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