Madras High CourtWP/35600/2024allowed

G.Madesh 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 Writ Petition No.35600 of 2024 G.Madesh

...Petitioner

Vs 1.The District Collector, Office Dharmapuri, Dharmapuri District.

2.The District Revenue Officer, Dharmapuri, Dharmapuri District.

3.The Superintendent of Police, Dharmapuri, Dharmapuri District.

4.The Revenue Divisional Officer, Dharmapuri, Dharmapuri District.

5.The Tahsildar, Pennagaram Taluk, Dharmapuri District.

6.The Land Surveyor, Perumpaalai, Dharmapuri District.

7.The Village Administrative Officer, Aragasanahalli Village, Pennagaram, Dharmapuri District.

...Respondents

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PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the sixth respondent to measure the petitioner's land bearing survey No.547/29, patta No. 895, Aragasanahalli Village, Pennagaram Taluk, Dharmapuri District (Challan No.20220718011601) and consider the representation dated 10.8.2024.

For Petitioner :

Mr.M.Senthamizhselvan For R1, R2 & R4 to R7 :

Mr.P.Sathish, AGP For R3 :

Mr.R.P.Murugan Raja, GA

ORDER

Seeking a direction to the fifth respondent to consider his online application dated 18.7.2022 and the representation dated 10.8.2024 to measure the property in survey No.547/29, patta No.895, Aragasanahalli Village, Pennagaram Taluk, Dharmapuri District, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner, the learned Additional Government Pleader accepting notice for respondents 1, 2 and 4 to 7 and the learned Government Advocate accepting notice for the third respondent.

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3. It is the case of the petitioner that he along with others went for a quarry job at Kaavali, Nellore District, Andhra Pradesh State. Later, they were treated as bonded labours and were rescued by the then District Collector, Dharmapuri from the quarry with the assistance of a non governmental organisation. Thereafter, the Government of Tamil Nadu offered 2.5 cents of patta land for their livelihood. The petitioner's grandfather had a land in survey No.547/29, patta No.895 at Aragasanahalli Village, Pennagaram Taluk, Dharmapuri District. The revenue records were also mutated in his name. The petitioner's father - one Mr.Govindasamy also died on 06.4.2023 leaving behind him the petitioner - his son, three daughters and mother.

Thereafter, though the petitioner approached the sixth respondent several times to measure the said property for marking the boundary lines, there was no response. He also made an online application on 18.7.2022 to conduct a survey by paying necessary fees. Again, the petitioner sent a representation to the respondents seeking to conduct a survey. But, no action has been taken on the same. Hence the writ petition.

4. Considering the limited nature of the relief sought, the writ petition is allowed and a Mandamus is issued to the fifth respondent to conduct survey of the said property. The petitioner shall submit all the relevant records to show his title to the said property and the fifth 3/5

respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, pass orders either surveying and subdividing the property or rejecting the request. In the case of 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. No costs. 29.11.2024 To 1.The District Collector, Office Dharmapuri, Dharmapuri District.