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Madras High CourtWP/34330/2024allowed

E.Jayaraman Naicker v. The District Collector

2024-11-26Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.37199 of 2024 E.Jayaraman Naicker ... Petitioner Vs.

1.The District Collector Chengalpet District, Chengalpet.

2.The Revenue Divisional Officer, Chengalpet District, Chengalpet.

3.The Tahsildar Chengalpet Taluk, Chengalpet.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the 1st respondent to survey and measure the agricultural lands situated S.Nos.354, 43, 44, 46, 51, 52, 76 in Kayarambedu Village, Guduvancherry Taluk, Chengalpet District and also its concurrent sub 1/5

division numbers and bifurcate the lands to the petitioner and his brothers in accordance with the partition deed registered as Doc.No.2549/1984 SRO Joint-II, Chengalpet and issue a fresh patta to the respective owner as per the partition deed and other documents verified by the 3rd respondent and enquiry conducted on 26.12.2023. For Petitioner : M/s.R.Kannan For Respondents : M/s.P.Satish, AGP for respondents 1 to 3

O R D E R

The above Writ Petition has been filed seeking a mandamus to the 1st respondent to survey and measure the agricultural lands situated S.Nos.354, 43, 44, 46, 51, 52, 76 in Kayarambedu Village, Guduvancherry Taluk, Chengalpet District and also its concurrent sub division numbers and bifurcate the lands to the petitioner and his brothers in accordance with the partition deed registered as Doc.No.2549/1984, SRO Joint-II, Chengalpet and issue a fresh patta to the respective owner as per the partition deed and other documents verified by the 3rd respondent and enquiry conducted on 26.12.2023. 2/5

2. The grievance of the petitioner is that despite giving several representations to the respondents and the 3rd respondent having verified the original documents as early as 26.12.2023, to date, the 1st respondent has not taken any steps to survey the land in question.

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

4. Considering the facts and circumstances of the case, the 1st respondent is directed to consider the petitioner's representations and conduct survey of the subject property. The petitioner shall submit all the relevant records to show his title to the property and the 1st respondent 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 said exercise shall be completed within a period of 6 weeks from 3/5

the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs. Consequently, the connected Miscellaneous Petition is closed. 26.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The District Collector Chengalpet District, Chengalpet.

2.The Revenue Divisional Officer, Chengalpet District, Chengalpet.

3.The Tahsildar Chengalpet Taluk, Chengalpet.

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P.T. ASHA . J., (shr) and W.M.P.No.37199 of 2024 26.11.2024 5/5