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Madras High CourtWP/35409/2024allowed

Mohamed Faizal v. The District Collector

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 Mohamed Faizal ... Petitioner Vs.

1.The District Collector Office Of The Collectorate, Mayiladuthurai-609 001 2.The Thasildar Mayiladuthurai Taluk, Mayiladuthurai-609 001 3.The Taluk Frika Surveyor Mayiladuthurai Taluk Office, Mayiladuthurai District-609001

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the 2nd and 3rd respondents to consider the petitioners representation dated 2.11.2014 made for to survey of his patta lands, in Patta No.6145 in survey Nos.174/1A1 admeasuring 0.12.0 Ares (30 cents) and Patta No.6147 in survey No.174/1B1 admeasuring 0.12.0 Ares(29.1/3 cents)situated at Uluthukuppai village, Mayiladuthurai Taluk, Mayiladuthurai based on the 1/5

petitioners application No.2024/0123/38/001483 dated 28.9.2024 within stipulated time.

For Petitioner : M/s.K.Kalimuthu For Respondents : M/s.G.Velu, AGP for R.1 to R.2.

O R D E R

The above Writ Petition has been filed to direct the 2nd and the 3rd respondents to consider the petitioner's representation dated 02.11.2014 made for to survey of his patta lands, in Patta No.6145 in survey Nos.174/1A1 admeasuring 0.12.0 Ares (30 cents) and Patta No.6147 in survey No.174/1B1 admeasuring 0.12.0 Ares(29.1/3 cents) situate at Uluthukuppai village, Mayiladuthurai Taluk, Mayiladuthurai based on the petitioner's application No.2024/0123/38/001483 dated 28.09.2024.

2. The grievance of the petitioner is that despite making the representation on 02.11.2024, the 2nd respondent has not taken any steps to survey the land in question.

3. Heard the learned counsels on the either side and perused the records.

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4. Considering the facts and circumstances of the case, 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 2nd 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.

29.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No 3/5

To 1.The District Collector Office Of The Collectorate, Mayiladuthurai-609 001 2.The Thasildar Mayiladuthurai Taluk, Mayiladuthurai-609 001 3.The Taluk Frika Surveyor Mayiladuthurai Taluk Office, Mayiladuthurai District-609001 4/5

P.T. ASHA . J., (shr) 29.11.2024 5/5