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Madras High CourtWP/36717/2024allowed

R.Rajagopal v. The District Collector

2024-12-03Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.12.2024

CORAM

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

...Petitioner

Vs.

1.The District Collector Tiruvannamalai, Tiruvannamalai District.

2.The Thasildar Taluk Office, Tiruvannamalai, Tiruvannamalai Taluk, Tiruvannamalai District.

3.The Head Surveyor Tiruvannamalai Taluk Office, Tiruvannamalai Taluk, Tiruvannamalai District.

...Respondents

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Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to survey the lands in Survey No.26/1C in Nochchimalai Village, Tiruvannamalai Taluk and District, on the basis of the petitioner's representation dated 09.10.2024 and issue separate patta to the petitioner. For Petitioner :

Mr. P.Kannan Kumar For Respondents :

Mr. A.Selvendran Special Government Pleader.

O R D E R

The Writ Petition is filed for the following relief: "To direct the 2nd and 3rd respondents to survey the lands in Survey No.26/1C in Nochchimalai Village, Tiruvannamalai Taluk and District, on the basis of the petitioner's representation dated 09.10.2024 and issue separate patta to the petitioner."

2. The grievance of the petitioner is that despite making the 2/6

representation on 09.10.2024, the 2nd respondent has not proceeded to survey the land in question.

3. Heard the learned counsels on the either side and perused the records.

4. Considering the facts and circumstances of the case, the 2nd respondent is directed to consider the petitioner's representation and conduct survey of the subject property. The petitioner shall submit all the relevant records to show his title to the property and the 2nd respondent 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 said exercise shall be completed within a period of 6 weeks from the date of receipt of a copy of this order.

5. The Writ Petition is allowed. No costs.

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03.12.2024 Index : Yes/No Internet : Yes/No kan To 4/6

1.The District Collector Tiruvannamalai, Tiruvannamalai District.

2.The Thasildar Taluk Office, Tiruvannamalai, Tiruvannamalai Taluk, Tiruvannamalai District.

3.The Head Surveyor Tiruvannamalai Taluk Office, Tiruvannamalai Taluk, Tiruvannamalai District.

P.T. ASHA, J, kan 5/6

W.P.No. 36717 of 2024 03.12.2024 6/6