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Madras High CourtWP/35014/2024allowed

G.Kuppusamy v. The District Collector

2024-11-26Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA G.Kuppusamy

...Petitioner

Vs.

1. The District Collector, Tiruppur District Collector Office, Tiruppur.

2. The Tahsildar, The Tahsildar Office, Madathukulam, Tiruppur.

3. The Surveyor, Tahsildar Office, Madathukulam, Tiruppur

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the respondents herein to consider the application for survey bearing number 2024/0123/32/001139 dated 10.06.2024 submitted to the 3rd respondent and the representation dated 04.10.2024 made to the respondents 1 to 3 and to conduct survey and earmark the four boundaries of the petitioner's property comprised in Survey No. 1/5

55/2A2 to an extent of Acres 7.42 Cents situated in Thungavi Village, Madthukulam Taluk Tirupur District.

For Petitioner :

Mr. B. Anandan For Respondents :

Mr.G.Velu Additional Government Pleader

O R D E R

The above Writ Petition has been filed seeking a mandamus to the respondents to consider the petitioner's representation dated 04.10.2024.

2. The grievance of the petitioner is that despite making the representation on 04.10.2024, the respondents have not proceeded to survey the land in question.

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

4. Considering the facts and circumstances of the case, a 2/5

mandamus is issued to the respondents to conduct a survey 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.

26.11.2024 Index : Yes/No Internet : Yes/No srn To 3/5

1.The District Collector Chennai District, Chennai Tamil Nadu 2.The Tahsildar Maduravoyal Taluk Chennai District Tamil Nadu 3.The Inspector of Survey Maduravoyal Taluk Chennai District Tamil Nadu.

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P.T. ASHA, J, srn W.P.No. 35014 of 2024 26.11.2024 5/5