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 is filed under Article 226 to issue a Writ of Mandamus, directing the 2nd respondent to take steps to measure and 1/7

demarcate the property being all that piece and parcel of land comprised in Kanvenahalli Village, Palacode, Dharmapuri District, in Survey No. 135/2B to an extent of 100 cents to issue patta in the name of petitioner based on the application dated 11.09.2024. For Petitioner :

Mr. M.Selvam.

For Respondents :

Mr. G.Velu Additional Government Pleader.

O R D E R

The above Writ Petition has been filed seeking mandamus to the 2nd respondent to survey the petitioner's property comprised in Kanvenahalli Village, Palacode, Dharmapuri District, in Survey No.135/2B to an extent of 100 cents to issue patta in the name of petitioner based on the application dated 11.09.2024

2. The petitioner would submit that he has purchased the 2/7

property in S.No.135/2B to an extent of 100 cents from Samihulla vide sale deed dated 20.12.1993. The petitioner has been in enjoyment of the same since then. The petitioner would submit that he has presented an application dated 11.09.2024 to the 2nd respondent seeking survey and demarcation of the boundaries. The grievance of the petitioner is that till date the representation has not been considered. Therefore, the petitioner is before this Court.

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

4. Considering the facts and circumstances of the case, the 2nd respondent is directed to conduct survey of the subject property. The petitioner shall submit all the relevant records to show his title to the property and the 2nd 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 3/7

property or rejecting the request. In the case of a rejection, a speaking order shall be passed.

5. The Writ Petition is allowed. No costs.

19.11.2024 Index : Yes/No Internet : Yes/No kan 4/7

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 5/7

P.T. ASHA, J, kan W.P.No. 33683 of 2024 6/7

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