T.Naveena v. The District Collector
In the High Court of Judicature at Madras Dated : 25.11.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.34342 of 2024 1.T.Naveena 2.V.Aruna 3.P.Shobana 4.S.Praveena
...Petitioners
Vs 1.The District Collector, Office Chengalpet, Chengalpet District.
2.The Tahsildar, Vandalur Taluk, Chengalpet District.
3.The Taluk Surveyor, Office of the Tahsildar, Vandalur Taluk, Chengalpet District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to measure the land comprised in Survey No.65/9A, patta No.716, No.41, Pudhupakkam Village, Vandalur Taluk, Chengalpet District and fix the boundary stones.
For Petitioners :
Mr.D.Jayasingh For Respondents :
Mr.R.P.Murugan Raja, GA 1/4
ORDER
Seeking a Mandamus to the respondents to survey and demarcate the boundaries in respect of their property in Survey No. 65/9A, patta No.716, No.41, Pudhupakkam Village, Vandalur Taluk, Chengalpet District, the petitioners are before this Court.
2. Heard the learned counsel for the petitioners and the learned Government Advocate accepting notice for the respondents.
3. The petitioners would contend that their father executed a registered settlement deed dated 04.1.2012 in their favour vide doc.No.62 of 2012 on the file of the Sub-Registrar, Thiruporur in respect of the said property measuring an extent of 35 cents with building thereon. They have been in possession and enjoyment of the said property. They made a representation dated 20.3.2024 to the second respondent to measure the land and fix the boundaries. They also paid the necessary charges. Though the third respondent came and visited the property, the work was not completed. Once again, the petitioners made a representation dated 03.5.2024 to the first respondent. Thereafter, the second respondent, vide proceedings dated 20.5.2024, required the third respondent to survey the land and 2/4
fix the boundaries. However, there has been no response. Hence the writ petition.
4. The fact that the said property belongs to the petitioners is seen from the narration in the affidavit filed in support of the writ petition. Since the petitioners acquired the said property by way of a settlement deed executed by their father in their favour, they requested the second respondent to conduct a survey and fix the boundaries.
5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the second respondent to consider their representation dated 20.3.2024 to conduct survey of the said property and fix the boundaries. The petitioners shall submit all the relevant records to show their title to the said property and the second respondent shall, after issuing notice to the interested parties, hold an enquiry and thereafter, 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 receipt of a copy of this order. No costs.
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25.11.2024 P.T.ASHA,J RS To 1.The District Collector, Office Chengalpet, Chengalpet District.
2.The Tahsildar, Vandalur Taluk, Chengalpet District.
3.The Taluk Surveyor, Office of the Tahsildar, Vandalur Taluk, Chengalpet District.
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