Kannan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.12.2023 CORAM :
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN Writ Petition No.35294 of 2023 P.Kannan ....
Petitioner -Vs1 District Collector District Collectorate Office Dharmapuri District.
2 The Revenue Divisional Officer RDO Office, Harur Taluk, Dharmapuri District.
3 The Tahsildar Taluk Office, Harur Taluk Dharmapuri District.
4 The Circle Deputy Inspector Harur Taluk, Dharmapuri District.
5 The Village Administrative Officer Veppampatti Village & Post Harur Taluk, Dharmapuri District.
6 Elango 7 Mathivannan 8 Arivazhagan 9 Prabakaran ....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 3rd respondent to consider 1 / 5
petitioner's representation dated 25.07.2023 requesting to survey and to issue patta to petitioner's agricultural lands comprised in Survey Nos.31/2B1 - 7 cents, 31/2B3 - 12 cents and 31/2A - 1.40 acres situated at Puthinatham Village, Veppampatti Post, Harur Taluk, Dharmapuri District as per the revenue records within the time frame to be fixed by this Hon'ble Court. For Petitioner : Ms.S.P.Arthi For Respondents : Mr.S.Ravikumar Special Government Pleader - for R1 to R5
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the 3rd respondent to consider petitioner's representation dated 25.07.2023 requesting to survey and to issue patta to petitioner's agricultural lands comprised in Survey Nos.31/2B1 - 7 cents, 31/2B3 - 12 cents and 31/2A - 1.40 acres situated at Puthinatham Village, Veppampatti Post, Harur Taluk, Dharmapuri District as per the revenue records within the time frame to be fixed by this Court. 2.This Court, by order dated 25.11.2021 in W.P.No.25066 of 2021 had ordered that the respondents shall take up the representation made by the petitioner to measure his properties after issuance of notice to the petitioner as well as the adjacent land owners.
3. It is the case of the petitioner that though the State respondents are willing to survey the property, the private respondents are resisting the same 2 / 5
claiming title over the properties. Fixation of boundaries with respect to the disputed matters are covered under Section 10 of the Tamil Nadu Surveys and Boundaries Act, 1923.
4. Learned Special Government Pleader appearing for the respondents submits that the State respondents have no objection to survey the land provided police security is afforded to them.
5. Accordingly, there shall be a direction to the third respondent to survey the property. In case the surveyor feels he requires protection, he shall request the fourth respondent to afford protection. On such a request made to the fourth respondent, he shall afford necessary protection. The said exercise of surveying the properties of the petitioner shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No costs. 28.12.2023 Index : Yes/No KST 3 / 5
To 1 District Collector District Collectorate Office Dharmapuri District.
2 The Revenue Divisional Officer RDO Office, Harur Taluk, Dharmapuri District.
3 The Tahsildar Taluk Office, Harur Taluk Dharmapuri District.
4 The Circle Deputy Inspector Harur Taluk, Dharmapuri District.
5 The Village Administrative Officer Veppampatti Village & Post Harur Taluk, Dharmapuri District.
4 / 5
V. LAKSHMINARAYANAN, J.
KST W.P.No. 35294 of 2023 28.12.2023 5 / 5