A.Gopal v. The District Collector
In the High Court of Judicature at Madras Dated : 04.12.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.36065 of 2024 A.Gopal
...Petitioner
Vs 1.The District Collector, Krishnagiri District.
2.The Tahsildar, Uthangarai Taluk Office, Uthangarai, Krishnagiri District-635207.
3.The Head Surveyor, Uthangarai Taluk Office, Uthangarai, Krishnagiri District-635207.
4.The Inspector of Police, Singarapettai Police Station, Krishnagiri District-635307.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to survey and fix the boundary stones for the lands (sale deed document No.1369 of 2014) comprised in survey No.90/3 to an extent of 0.65 cents at Mittapalli Village, Uthangarai Taluk, Krishnagiri District forthwith.
For Petitioner :
Mr.T.Venkatesan For R1 to R3 :
Mr.P.Sathish, AGP For R4 :
Mr.R.Vinoth Raja GA (Crl.Side) 1/4
ORDER
Seeking a Mandamus to the second respondent to conduct a survey and fix the boundary stones for the lands comprised in survey No.90/3 to an extent of 0.65 cents at Mittapalli Village, Uthangarai Taluk, Krishnagiri 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 to 3 and the learned Government Advocate (Crl.Side) accepting notice for the fourth respondent.
3. The petitioner would contend that he acquired the said property under a registered sale deed dated 15.4.2014 vide doc.No. 1369 of 2014 on the file of the Sub-Registrar, Uthangarai. From the date of purchase, he is in possession and enjoyment of the said property. For the purpose of surveying and demarcating the boundaries of the said property, the petitioner made an online application on 08.11.2024 to the second respondent. He also paid necessary charges. Despite that, the second respondent has not taken any steps to survey the land.
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4. The fact that the said property belongs to the petitioner is seen from the narration in the affidavit filed in support of the writ petition. Since the petitioner acquired the said property by way of a registered sale deed, he requested the second respondent to conduct a survey and demarcate the boundaries.
5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the second respondent to consider the online application of the petitioner dated 08.11.2024 for conducting a survey and demarcating the boundaries in respect of the said property. The petitioner shall submit all the relevant records to show his title to the said property and the second respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, pass orders either surveying the said property and demarcating the boundaries 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 five months from the date of receipt of a copy of this order. No costs. 04.12.2024 RS 3/4
P.T.ASHA,J RS To 1.The District Collector, Krishnagiri District.
2.The Tahsildar, Uthangarai Taluk Office, Uthangarai, Krishnagiri District-635207.
3.The Head Surveyor, Uthangarai Taluk Office, Uthangarai, Krishnagiri District-635207.
4.The Inspector of Police, Singarapettai Police Station, Krishnagiri District-635307.
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