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Madras High CourtWP/33313/2024allowed

Rangasamy Vinayagam Saravenen @ R..Saravenen v. The District Collector

2024-11-14Honourable Ms. Justice P.T. Asha8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 14.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 33313 of 2024 Rangasamy Vinayagam Saravenen @ R.V.Saravenen

...Petitioner

Vs.

1.The District Collector Villupuram Disrict, Collector Office Road, Moovendar Nagar, Viluppuram, Tamil Nadu - 605 602.

2.The Thasildhar Marakkanam Taluk, Marakkanam Taluk Office, Tindivanam, Tamil Nadu - 604 303.

3.The Village Administrative Officer Kurumparam Village, Marakkanam Taluk, 1/8

Villupuram District.

4.The Revenue Divisional Officer Viluppuram, NH - 45A, Villupuram Puducherry Road, Viluppuram - 605 602.

5.The Director of Survey and Land Records Collectorate Master Plan Office Complex, Viluppuram District.

6.The Sub Registrar Marakkanam Sub Registration Office, Villuppuram District.

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the 1st to 5th respondents to consider the representation sent by the petitioner dated 23.08.2024 and pass orders on the same seeking to survey the petitioner's land comprised in Survey no. 116/2, measuring about 1 Acre 76 cents, Survey No. 116/6, measuring about 24 Cents, and Survey No. 117/2, measuring about 1 Acre and 20 Cents, totalling about 3 Acre and 20 cents, as per Patta No. 649, situated at Kurumparam Village, Marakkanam Taluk, Villupuram District, and to identify the same by placing the boundary stones, at the cost and expenses of the petitioner. 2/8

For Petitioner :

Mr. B.Divakaran For Respondents :

Mr. A.Selvendran 1 to 6 Special Government Pleader.

O R D E R

The Writ Petition seeks mandamus to the respondents to survey the petitioner's land.

2. It is the case of the petitioner that he is the absolute owner of the lands comprised in Survey No. 116/2, measuring about 1 Acre 76 cents, Survey No. 116/6, measuring about 24 Cents and Survey No.117/2, measuring about 1 Acre and 20 Cents, totaling about 3 Acre and 20 cents, as per Patta No.649, situated at Kurumparam Village, Marakkanam Taluk, Villupuram District. The petitioner would submit that he had purchased the said lands by way of a registered sale deed dated 14.08.2012. Thereafter, the revenue records were also 3/8

mutated in his name.

3. While so, some of the anti social elements in that locality were attempting to encroach the petitioner's land stating that they are the owners of the said lands. Therefore, the petitioner has made a representation on 23.08.2024 to the respondents for the aforesaid relief.

4. Mr.A.Selvendran, Special Government Pleader would submit that the petitioner has not paid the necessary charges and on such charges being paid, the survey would be conducted.

5. Heard the learned counsels and perused the records.

6. Considering the facts and circumstances of the case, mandamus is issued to the respondents to conduct survey of the petition mentioned property upon the petitioner making the necessary 4/8

payment. The petitioner shall submit all the relevant records to show his title to the property along with necessary charges 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 6 weeks from the date of payment of the charges by the petitioner.

7. With the above directions, this Writ Petition is allowed. No costs.

14.11.2024 Index : Yes/No Internet : Yes/No kan 5/8

To 1.The District Collector Villupuram Disrict, Collector Office Road, Moovendar Nagar, Viluppuram, Tamil Nadu - 605 602.

2.The Thasildhar Marakkanam Taluk, Marakkanam Taluk Office, Tindivanam, Tamil Nadu - 604 303.

3.The Village Administrative Officer Kurumparam Village, Marakkanam Taluk, Villupuram District.

4.The Revenue Divisional Officer Viluppuram, NH - 45A, Villupuram Puducherry Road, Viluppuram - 605 602.

5.The Director of Survey and Land Records 6/8

Collectorate Master Plan Office Complex, Viluppuram District.

6.The Sub Registrar Marakkanam Sub Registration Office, Villuppuram District.

P.T. ASHA, J, kan W.P.No. 33313 of 2024 7/8

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