S.Shanmugam v. The District Collector
In the High Court of Judicature at Madras Dated : 12.12.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.37268 of 2024 S.Shanmugam
...Petitioner
Vs 1.The District Collector, Thiruvannamalai District.
2.The District Revenue Officer, Thiruvannamalai District.
3.The Tahsildar, Chengam Taluk, Thiruvannamalai District.
4.The Village Administrative Officer, Chengam Taluk, Thiruvannamalai District.
5.The Head Surveyor, Chengam Taluk, Thiruvannamalai District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to consider the petitioner's applications dated 09.3.2022 and 31.1.2024 and consequently direct the respondents to conduct the survey in Survey No.377/4B1, New Survey No.377/4B1B at Paramanthal Village, Chengam Taluk, Tiruvannamalai District and demark the same as the time fixed by this Court.
1/4
For Petitioner :
Mr.K.V.Sajeevkumar For Respondents :
Mr.G.Velu, AGP
ORDER
Seeking a Mandamus to the third respondent to consider his online applications dated 09.3.2022 and 31.1.2024 to conduct a survey in respect of the property measuring 0.43 cents in Survey No. 377/4B1, New Survey No.377/4B1B at Paramanthal Village, Chengam Taluk, Tiruvannamalai District and fix its boundaries, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for the respondents.
3. The case of the petitioner is that the said property originally belonged to his father, who acquired it by way of a sale deed dated 13.12.1991 registered as doc.No.2081 of 1991 on the file of the SubRegistrar, Chengam, Thiruvannamalai District. His father settled the said property in favour of the petitioner vide settlement deed dated 01.6.2012 registered as doc.No.3618 of 2012 on the file of the same Sub-Registrar. Though the petitioner made two online applications dated 09.3.2022 and 31.1.2024 to the third respondent seeking to conduct a survey and fix its boundaries by paying necessary charges, 2/4
no action was taken on the same. Hence the writ petition.
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 settlement deed, he requested the third respondent to conduct a survey the said property and demarcate its boundaries.
5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the third respondent to conduct survey in respect of the said property. The petitioner shall submit all the relevant records to show his title to the said property and the third 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 its 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 4 weeks from the date of receipt of a copy of this order. No costs.
12.12.2024 3/4
P.T.ASHA,J RS To 1.The District Collector, Thiruvannamalai District.
2.The District Revenue Officer, Thiruvannamalai District.
3.The Tahsildar, Chengam Taluk, Thiruvannamalai District.
4.The Village Administrative Officer, Chengam Taluk, Thiruvannamalai District.
5.The Head Surveyor, Chengam Taluk, Thiruvannamalai District.
12.12.2024 4/4