R.Elumalai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA and W.M.P.No.38108 & 43136 of 2024 R.Elumalai ... Petitioner Vs.

1.The District Collector Kallakurichi District-602 001 2.The Tahsildar Chinna Salem Taluk, Kallakurichi District 3.The Head Surveyor Chinna Salem Taluk, Kallakurichi District 4.M.Rajasekar 5.Mohan @Ilaya Perumal 6.A.Mani

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 2nd respondent to survey the lands of the petitioner with the help of the Head Surveyor the 3rd respondent to fix the boundaries of the lands comprised in Survey 1/5

No.544/1B(Old S.No.544/1)with an extent of 1.01.Acres and S.No.544/5 with an extent of 65 cents, situated at Chinna Salem (south) Kallakurichi District within a stipulated time.

For Petitioner : M/s.T.Nithya For Respondents : M/s.A.Selvendran, Spl.GP : for R.1 to R.3.

O R D E R

The above Writ Petition has been filed to the 2nd respondent to survey the lands of the petitioner with the help of the Head Surveyor the 3rd respondent to fix the boundaries of the lands comprised in Survey No.544/1B (Old S.No.544/1) with an extent of 1.01.Acres and S.No.544/5 with an extent of 65 cents, situated at Chinna Salem (south) Kallakurichi District within a stipulated time.

2.The grievance of the petitioner is that despite submitting a representation on 24.10.2024, the respondents 1 to 3 have not taken any steps to survey the land in question.

3.Heard the learned counsel for the petitioner and the learned Spl.GP accepting notice for respondent 1 to 3. 2/5

4. Considering the facts and circumstances of the case and as the petitioner's representation dated 24.10.2024 has not been considered to date, the 2nd respondent is directed to consider the petitioner's representation and conduct survey of the subject property. The petitioner shall submit all the relevant records to show his title to the property and the 1st 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. The said exercise shall be completed within a period of 6 weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs. Consequently, the connected Miscellaneous Petitions are closed. 02.01.2025 (shr) Index : Yes/No Speaking Order: Yes/No 3/5

To 1.The District Collector Kallakurichi District-602 001 2.The Tahsildar Chinna Salem Taluk, Kallakurichi District 3.The Head Surveyor Chinna Salem Taluk, Kallakurichi District 4/5

P.T. ASHA . J., (shr) and W.M.P.No.38108 & 43136 of 2024 02.01.2025 5/5