Madras High CourtWP/35399/2024allowed

P.Ramalingam v. Thasildhar

2024-11-29Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA P.Ramalingam ... Petitioner Vs The Thasildhar Thasildhar Office Srikalli Nagapattinam District ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the respondent to measure the land situate at Kollidam Panchayat, Sirkalli Taluk, Nagapattinam District in Survey No.611/8 (Old Survey No. 611/8B), No.611/8B (Old Survey No.611/8), No.611/8B (old Survey No. 611/2) in all measuing an extent of 160 Kuzhis (nearly 53 cents).

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For Petitioner :

Mr.D.Kanagasundaram For Respondent :

Mr.R.P.Murugan Raja Government Advocate

ORDER

The challenge in this writ petition is to the refusal of the respondent to survey the property of the petitioner.

2. It is the case of the petitioner that on 24.12.2020, he had purchased a property situated at Survey No.611/8 (Old Survey No. 611/8B), No.611/8B (Old Survey No.611/8), No.611/8B (old Survey No. 611/2) in all measuing an extent of 160 Kuzhis (nearly 53 cents) in Kollidam Panchayat, Sirkalli Taluk, Nagapattinam District. The petitioner has been in continuous possession and enjoyment of the same since then. On 31.05.2023, he made a representation to the respondent to survey his property along with the necessary charges. No steps were taken by the respondent to measure the property. Therefore, he made yet another 2/5

representation to the respondent on 06.08.2024, and the same is pending consideration. Hence, the petitioner is before this Court.

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 respondent to measure 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 measuring 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. 3/5

5. With the above directions, this Writ Petition is allowed. No costs.

29.11.2024 Index: Yes/No Speaking order/non-speaking order srn To, The Thasildhar Thasildhar Office Srikalli Nagapattinam District.

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P.T.ASHA, J., srn 29.11.2024 5/5