Valli v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.35250 of 2022 Mrs.Valli .... Petitioner -Vs1.The District Collector Kallakurichi District.

2.The Tahsildar Taluk Office, Kallakurichi.

3.The Surveyor Chinna Salem Kallakurichi District.

4.The Superintendent of Police Kallakurichi District.

5.The Inspector of Police Chinnasalem Police Station Kallakurichi District.

6.Mrs.Periyammal .. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondent 1 to 3 to survey and demarcate my properties comprised in Survey No. 431/10B 0.51.0 Acres 1.26 acre in 0.50 Cents in Land and in Survey No.441/6A One Coconut Tree in Survey No. 441/7B 1 / 5

0.39.0 Ares in 0.90 cents in 0.35 cents in land and the total extend of 0.85 cents and in survey No. 441/7B well with 5HP Electric Motor in EB. Bill No.186 and the deposit amount also. The one sixth share of the above said properties at Chinna Salem (South) Town in Survey No. 521/6-68.69 old 11th ward in New 9th ward Sivan Koil Street the above street (south) Ambayeram Mudaliyar Estate (west) Survey No.1115/9 land(North) Dhanalakshmi Sale Estate(East) in total center 464 Sq.ft empty estate (patta No.3804) situated at Kallakurichi District, Chinna Salem Circle, Chinna Salem Town by considering my application dated 07.11.2022 & 05.12.2022 submitted to the respondents.

For Petitioner : Mr.R.Venkatesh For Respondents : Mr.P.Sathish Additional Government Pleader for R1 to R3 Mr.V.J.Priyadarsana Government Advocate (Crl.Side) for R4 & R5

ORDER

This writ petition has been filed for the issue of a writ of mandamus directing the 2nd and 3rd respondents to act upon the on-line application submitted by the petitioner on 07.11.2022 and 05.12.2022, wherein the petitioner is seeking for survey of the property and to give police protection at the time of survey and demarcate the boundaries.

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2.The petitioner is relying upon the suits filed in OS.No.737 of 2006, AS.No.21 of 2013 and S.A.No.548 of 2018. In view of the same, the grievance of the petitioner is that inspite of the application submitted before the respondents, there has been absolutely no progress and no survey has been conducted till date. 3.Taking into consideration the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the petitioner to submit a fresh on-line application to the 2nd respondent and to pay the necessary charges. On receipt of the same, the 2nd respondent shall take a decision to survey the property within a period of four weeks from the date of receipt of the online application from the petitioner. If there are interested parties, such survey shall be conducted in their presence. If need arises, the 5th respondent shall provide police protection.

4.This writ petition is disposed of with the above directions. No costs. 01.04.2025 Index : Yes/No NCS : Yes/No KP 3 / 5

N.ANAND VENKATESH, J.

KP To 1.The District Collector Kallakurichi District.

2.The Tahsildar Taluk Office, Kallakurichi.

3.The Surveyor Chinna Salem Kallakurichi District.

4.The Superintendent of Police Kallakurichi District.

5.The Inspector of Police Chinnasalem Police Station Kallakurichi District.

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