Chinnasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Chinnasamy ... Petitioner Vs.

1.The District Collector District Collectorate Dharmapuri 5 2.The Tahsildar Tahsildhar Office Palacode Taluk Dharmapuri District 3.The Surveyor Seeriyampatti Palacode Taluk Dharmapuri District

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 2nd respondent to take steps to measure and demarcate the property being all that piece and parcel of land comprised in Kanvenahalli village, Palacode Dharmapuri district comprised in Survey No 135 / 2C1A to an extent of 1.15 cents to 1/5

issue patta in the name of petitioner based on the application dated 21.09.2024 within a time frame fixed by this Honble Court. For Petitioner : M/s.M.Selvam For Respondents : M/s.G.Velu, AGP for R.1 to R3.

O R D E R

The writ petition is filed to direct the 2nd respondent to take steps to measure and demarcate the property being all that piece and parcel of land comprised in Kanvenahalli village, Palacode Dharmapuri District comprised in Survey No 135 / 2C1A to an extent of 1.15 cents to issue patta in the name of petitioner based on the application dated 21.09.2024 within a time frame fixed by this Honble Court

2. It is the case of the petitioner that he is the absolute owner of the agricultural land measuring an extent of 1.15 cents comprised in Kanvenahalli village, Palacode Dharmapuri District comprised in Survey No 135/2C1A. Since the petitioner wanted his property to be surveyed and demarcated, he made an application dated 21.09.2024 along with all the necessary documents to the 2nd respondent. However, the same has not 2/5

been done. Therefore, the present writ petition has been filed.

3. Heard the learned counsel on either side.

4. Considering the request of the petitioner and also the fact that the petitioner has submitted his application as early as on 21.09.2024, a mandamus is issued to the 2nd respondent 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 8 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 (shr) Index : Yes/No Speaking Order: Yes/No 3/5

To 1.The District Collector District Collectorate Dharmapuri 5 2.The Tahsildar Tahsildhar Office Palacode Taluk Dharmapuri District 3.The Surveyor Seeriyampatti Palacode Taluk Dharmapuri District 4/5

P.T. ASHA . J., (shr) 19.11.2024 5/5