C.Muniyappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA C.Muniyappan ... Petitioner Vs.

1.The District Collector Office Of The Collectorate, Krishnagiri District -635 115.

2.The Tahsildar, Bargur Tahsildar Office, Krishnagiri District -635 104.

3.The Head Surveyor, Bargur Tahsildar Office, Krishnagiri District -635 104.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the 3rd Respondent to dispose of the application of the Petitioner bearing No. 2024/0123/31/004948 dated 03.09.2024 and consequently direct the 3rd respondent to survey and demarcate the property bearing Survey No. 265/1(Old Survey No.265)with an extent of 1 Acre 50 cents in B.R.G.Madepalli Village, Bargur Taluk, Krishnagiri District. 1/6

For Petitioner : M/s.B.Pachaiyappan For Respondents : M/s.S.Jayachandran, Govt. Advocate for R.1 to R.3.

O R D E R

The petitioner seeks a mandamus directing the 3rd Respondent to dispose of the application of the Petitioner bearing No.2024/0123/31/004948 dated 03.09.2024 and consequently direct the 3rd respondent to survey and demarcate the property bearing Survey No.265/1(Old Survey No.265) with an extent of 1 Acre 50 cents in B.R.G.Madepalli Village, Bargur Taluk, Krishnagiri District.

2. It is the case of the petitioner that he is the absolute owner of the property comprised in Survey No.256/1 (Old Survey No.265), measuring an extent of 1 acre 50 cents in B.R.G.Madepalli Village, Bargur Taluk, Krishnagiri District by way of a registered sale deed dated 10.04.2023. Since the petitioner wanted his property to be surveyed and demarcated, he had submitted an online application on 03.09.2024 to the 3rd respondent. However, the same has not been considered to date. Therefore, the present writ petition has been filed.

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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 online application as early as on 03.09.2024, a mandamus is issued to the respondents 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. 22.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No 3/6

To 1.The District Collector Office Of The Collectorate, Krishnagiri District -635 115.

2.The Tahsildar, Bargur Tahsildar Office, Krishnagiri District -635 104.

3.The Head Surveyor, Bargur Tahsildar Office, Krishnagiri District -635 104.

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P.T. ASHA . J., (shr) 22.11.2024 5/6

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