Sivasankaran v. The Assistant Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 26.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Sivasankaran

...Petitioner

Vs.

1. The Assistant Director, Survey and Land Record, Cuddalore.

2. The Tahsildar, Kurinjipadi, Cuddalore.

3. The Inspector of Police, Kurinjipadi Police Station, Kurinjipadi, Cuddalore District.

4. Prabhu

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing directing the 1 to 3 respondents to survey and demarcate the boundaries in respect of property under Survey No. 387/16 measuring 0.0.14 hectares situated at Ellapanpettai Village, Kurinjipadi Taluk, Cuddalore District based on the petitioner's request along with necessary fees paid to the 1st respondent dated 08.08.2024 1/5

within a reasonable time frame.

For Petitioner :

M/s.C.Ruban D.Silva For Respondents :

Mr.A.Selvendran 1 and 2 Special Government Pleader For Respondent-3:

Mr.R.Vinoth Raja Government Advocate(Crl.Side)

O R D E R

The above Writ Petition has been filed seeking a mandamus to the respondents to consider the petitioner's representation dated 04.10.2024.

2. The grievance of the petitioner is that, despite making applications on 28.08.2023 and 08.08.2024 and paying requisite fees, the respondents have not proceeded to survey the land in question.

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

4. Considering the facts and circumstances of the case, a 2/5

mandamus is issued to the respondents 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 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.

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

26.11.2024 Index : Yes/No Internet : Yes/No srn To 3/5

1. The Assistant Director, Survey and Land Record, Cuddalore.

2. The Tahsildar, Kurinjipadi, Cuddalore.

3. The Inspector of Police, Kurinjipadi Police Station, Kurinjipadi, Cuddalore District.

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P.T. ASHA, J, srn W.P.No. 35140 of 2024 26.11.2024 5/5