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Madras High CourtWP/36983/2024allowed

R.Deivam v. The Tahsildar

2024-12-10Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA R.Deivam

...Petitioner

Vs.

The Tahsildar, Salem South Taluk, Salem District.

...Respondent

Prayer: Writ Petition is filed under Article 226 of the constitution of India praying to issue a Writ of Mandamus directing the respondent to conduct survey measurement to fix four boundaries to petitioner's Land measuring an extent of 33 1⁄2 cents, bearing S.F.No 8/1A1, Joint Patta No.6, Thanakuttipalayam Village, Salem South Taluk, Salem District and consequently grant an Individual Patta in the petitioner's name based on the petitioners Application No.2024/0105/08/509740 dated 14.06.2024 and Application No.2024/0105/08/527612 dated 02.08.2024 within the time frame.

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For Petitioner :

Mr.A.Saravanan For Respondent :

Mr.S.Jayachandran Government Advocate

O R D E R

The above Writ Petition has been filed seeking a mandamus to the respondent to survey, sub-divide and issue separate patta for the petitioner's property measuring an extent of 33 1⁄2 cents, at S.F.No 8/1A1, Thanakuttipalayam Village, Salem South Taluk, Salem District.

2. The petitioner's grievance is that, despite submitting the applications on 14.06.2024 and 02.08.2024, along with requisite charges, requesting the respondent to sub-divide and issue separate patta for the property, the respondent has not conducted the survey and marked the boundaries of the land in question. Hence, the petitioner is before this Court.

3. Heard the learned counsels on the either side and perused the 2/5

records.

4. Considering the facts and circumstances of the case, a mandamus is issued to the respondent to conduct survey of the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the respondent concerned shall, after issuing notice to the adjacent land owners and interested parties, hold an 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 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.

10.12.2024 Index : Yes/No Internet : Yes/No srn 3/5

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P.T. ASHA, J, srn To :

The Tahsildar, Salem South Taluk, Salem District.

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