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Madras High CourtWP/35994/2024allowed

Balagurunaathan v. The State Represented By,

2024-12-02Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.12.2024

CORAM

THE HON'BLE MS.JUSTICE P.T.ASHA Balagurunaathan ... Petitioner Vs.

1. The State represented by, The District Collector, Kallakurichi District.

2. The District Revenue Officer, Kallakurichi District.

3. The Revenue Divisional Officer, Revenue Divisional Office, Kallakuruchi District.

4. The Tahsildar, Kallakurichi District.

5. The Head Surveyor, Office of the Tahsildar, Kallakuruchi District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the 3rd and 5th respondents herein to consider the representation dated 11.07.2024 and to survey the subject land and rectify the error in the dimensions indicated in the field-map of the Page No. 1 of 6

subject property situated in S.F.No.158/21, 162/25 A, 162/25 B, 162/25 C, 163/2, 163/3, 163/4, 162/24 A, 164/24 B, 164/24 C, Nallathur Village, Kallakurichi District in accordance to the sale deed vide Doc.No.1535/2017 on the file of the Sub-Registrar, Kallakuruchi. For Petitioner : Mr.R.Vivekananthan For Respondents : Mr.V.Ramesh Government Advocate

ORDER

Mr.V.Ramesh, learned Government Advocate takes notice on behalf of the Respondents.

2. This Writ Petition has been filed for a Mandamus to direct the 3rd and 5th respondents herein to consider the representation dated 11.07.2024 and to survey the subject land and rectify the error in the dimensions indicated in the field-map of the subject property situated in S.F.No.158/21, 162/25 A, 162/25 B, 162/25 C, 163/2, 163/3, 163/4, 162/24 A, 164/24 B, 164/24 C, Nallathur Village, Kallakurichi District in accordance to the sale deed vide Doc.No.1535/2017 on the file of the Sub-Registrar, Kallakuruchi. Page No. 2 of 6

3. Heard the learned counsel on either side.

4. Considering the request of the Petitioner and also the fact that the Petitioner have made his representation as early as on 11.07.2024, a mandamus is issued to the Respondents to conduct survey and rectify the error in the dimensions indicated in the field map of the petition mentioned property. The Petitioner shall submit all the relevant records to show their title to the property and the Respondent shall, after issuing notice to the adjacent land owners and interested parties, hold on 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 eight (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. Page No. 3 of 6

Consequently, connected Miscellaneous Petition is closed. 02.12.2024 Index : Yes/No Speaking/Non-speaking Order rgm To Page No. 4 of 6

1. The District Collector, Kallakurichi District.

2. The District Revenue Officer, Kallakurichi District.

3. The Revenue Divisional Officer, Revenue Divisional Office, Kallakuruchi District.

4. The Tahsildar, Kallakurichi District.

5. The Head Surveyor, Office of the Tahsildar, Kallakuruchi District.

P.T.ASHA, J.

rgm Page No. 5 of 6

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