P.Manikandan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA P. Manikandan ... Petitioner Vs

1. The District Collector, Collectorate Salem District Salem

2. The Tahsildar Kadayampatti Taluk, Kadayampatti Salem District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the respondents herein to depute a Surveyor to inspect, survey and measure the subject matter of property and report the actual measurement and boundaries of the petitioner's property in Survey No.377/7C in Patta No.1243, ad1/6

measuring an extent of 0.38-1/2 cents situate at Danishpettai Village, Omalur Taluk, Salem District, as per Payment made vide Challan No.2024/0105/08/479556, dated 27.03.2024 on the representation dated 05.08.2024 made by the petitioner.

For Petitioner :

Mr.A.Tamilarasan For Respondents 1 & 2:

Mr.A.Selvendran Special Government Pleader

ORDER

The above Writ Petition has been filed seeking a mandamus to the respondents to consider the petitioner's representation dated 05.08.2024.

2.The case of the petitioner is that he had submitted a representation to the respondents on 05.08.2024 to survey his property, pursuant to which, the second respondent visited the property of the petitioner to conduct survey. However, the adjacent land owner of the 2/6

petitioner objected to it, thereafter, the respondent did not proceed with the survey. 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 second respondent 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 second 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 aforesaid exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order. 3/6

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,

1. The District Collecotr, Collectorate Salem District Salem

2. The Tahsildar Kadayampatti Taluk, Kadayampatti Salem District 4/6

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P.T.ASHA, J., srn 29.11.2024 6/6