S.Balaraman v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 28.11.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA S.Balaraman ... Petitioner Vs
1. The District Collectorate Villupuram District Villupuram
2. The Tahsildar Tindivanam Taluk Villupuram District
3. The Assistant Director Land Survey Records, District Land Survey Department Villupuram ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking Writ of Mandamus directing the respondents to survey, sub-divide and issue separate patta of my property for the land in 1/5
Tindivanam R.D. Avarapakkam Sub D., at Mulasor Village S.No. 95/4, 95/5, 105/7, 105/8 from these survey numbers, total extent: 2 acre 46 1⁄2 cent situate at Mulasor Panchayath Union based on my application for the survey measurement vide Application No: 2024/0105/07/535511 dated 21.02.2024.
For Petitioner :
Mr.K.Hemanathan For Respondents 1 to 3:
Mr.S.Jayachandran Government Advocate
ORDER
The above Writ Petition has been filed seeking a mandamus to the respondents to survey, sub-divide and issue separate patta for the petitioner's property.
2.The petitioner's grievance is that, despite submitting a application on 21.02.2024 along with requisite charges, requesting the second respondent to sub-divide and issue separate patta for the property which he had obtained in a partition suit, the second 2/5
respondent has not conducted the survey and marked the boundaries of the land in question. 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 respondents 2 and 3 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 respondents concerned 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. 3/5
5. With the above directions, this Writ Petition is allowed. No costs.
28.11.2024 Index: Yes/No Speaking order/non-speaking order srn To,
1. The District Collectorate Villupuram District Villupuram
2. The Tahsildar Tindivanam Taluk Villupuram District
3. The Assistant Director Land Survey Records, District Land Survey Department Villupuram 4/5
P.T.ASHA, J., srn 28.11.2024 5/5