S.Jayaraman v. The District Collector

In the High Court of Judicature at Madras Dated : 27.11.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.35079 of 2024 S.Jayaraman

...Petitioner

Vs 1.The District Collector, Office of the Collectorate, Chengalpattu District-603001.

2.The Tahsildar, Thirukazhukundram Taluk Office, Chengalpattu District-603109.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 27.9.2024 and survey the land in Chengalpattu District, Thirukazhukundram Taluk, No.7, Keezhavedu Village survey No.57/11B within a stipulated period that may be fixed by this Court.

For Petitioner :

Mr.M.K.Boopathy Rajan For Respondents :

Mr.G.Velu, AGP

ORDER

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Seeking a Mandamus to the second respondent to consider the representation of the petitioner dated 27.9.2024 to conduct a survey in respect of the land in survey No.57/11B at No.7, Keezhavedu Village, Thirukazhukundram Taluk, Chengalpattu District measuring an extent of 1,800 sq.ft., the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for the respondents.

3. The petitioner purchased the said property under a registered sale deed dated 03.7.2023 vide doc.No.1891 of 2023 on the file of the Joint-1 Sub-Registrar, Chengalpattu for a valid sale consideration. Patta No.913 was also granted to the petitioner. For the purpose of conducting a survey, the petitioner made an application on 27.9.2024 to the second respondent. He also paid the necessary fees. Despite that, the second respondent has not taken any steps to survey the land. Hence the writ petition.

4. The fact that the property belongs to the petitioner is seen from the narration in the affidavit filed in support of the writ petition. Since the petitioner acquired the property by way of a sale deed, he requested the second respondent to conduct a survey of the said 2/4

property.

5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the second respondent to conduct a survey in respect of the said property. The petitioner shall submit all the relevant records to show his title to the said property and the second respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, pass orders either surveying the said 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 twelve weeks from the date of receipt of a copy of this order. No costs. 27.11.2024 To 1.The District Collector, Office of the Collectorate, Chengalpattu District-603001.

2.The Tahsildar, Thirukazhukundram Taluk Office, Chengalpattu District-603109.

RS 3/4

P.T.ASHA,J RS 27.11.2024 4/4