Madras High CourtWP/34399/2024allowed

K.Velmurugan v. The District Collector

2024-11-25Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA

1. K.Velmurugan

2. K. Jayaraj

3. N. Vasanthi

4. N.Vishwanathan

5. N.Vinodhini

6. N.Vijayabarathi ... Petitioners Vs

1. The District Collector Dharmapuri District Dharmapuri

2. The Tahsildar Kadayampatti Taluk, Salem District

3. The Zonal Deputy Tahsildar Kadayampatti Taluk, Salem District ... Respondents 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking to issue Writ of Mandamus, to direct the 2nd respondent to conduct survey and to issue patta in favour of the petitioners' based on the application number No.2024/0103/08/488461 dated 20.08.2024, in respect of the property comprised in Survey No. 137/5, situated at Veppilai Village, Kadayampatti Taluk, Salem District within the stipulated time prescribed by this Court.

For Petitioners :

Mr.C.Prabakaran For Respondents 1 to 3 :

Mr.G.Velu Additional Government Pleader

ORDER

The above Writ Petition has been filed seeking a mandamus to the respondents to consider the petitioner's application dated 20.08.2024.

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2. The grievance of the petitioners is that, despite submitting an online application on 20.08.2024 along with the necessary charges, the respondents have not proceeded with the survey of the land in question and has kept it pending.

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

4. Considering the facts and circumstances of the case, a mandamus is issued to the 2nd respondent to conduct a survey of the petition mentioned property. The petitioners shall submit all the relevant records to show their 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 property or rejecting the request. In the case of a rejection, a speaking order shall be passed. 3/6

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.

25.11.2024 Index: Yes/No Speaking order/non-speaking order srn To,

1. The District Collector Dharmapuri District Dharmapuri

2. The Tahsildar Kadayampatti Taluk, Salem District

3. The Zonal Deputy Tahsildar Kadayampatti Taluk, Salem District 4/6

P.T.ASHA, J., srn 25.11.2024 (1⁄2) 5/6

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