Jamal Mohammed v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 37626 of 2024 & W.M.P.No.40663 of 2024 1.Jamal Mohammed 2.Barkath

...Petitioner

Vs.

1.The District Collector VOC Nagar, Kallakurichi 606 202 2.The Tahsildar Taluk Office Road, Perumbur, Sankarapuram, Kallakurichi-606 401 3.The Land Surveyor Sankarapuram Village, Kallakurichi -606 401

...Respondents

1/6

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to survey and demarcate the petitioners land in survey No.110, sub division No.7B, Sankarapuram SRO, Kallakurichi Registration District as per the sale deed of the petitioners dated 05.05.2021 registered as Doc.No.2288 of 2021, by considering the representation dated 05.09.2024 and challan paid dated 12.07.2024. For Petitioners :

Mr. I.M.Siddartha Ramarajan For Respondents :

Mr. A.Selvendran Special Government Pleader.

O R D E R

The above Writ Petition has been filed seeking a mandamus to the 3rd respondent to survey the subject property.

2. It is the case of the petitioners that they purchased the subject property from one Rajeshwari, Vasantha, Govindhasamy, Kabil and Alamelu, admeasuring 41 cents in 0.24.5 ares comprised in S.No.110, Sub Division No.7B, Sankarapuram SRO, Kallakurichi Registration 2/6

District.

3. The petitioners would submit that on 12.07.2024 the 1st petitioner approached the 3rd respondent for measuring the property and fixing boundaries and also paid necessary charges. On 05.09.2024 once again the 1st petitioner sent a representation to the 3rd respondent for surveying the land. However, there is no response. Therefore, the petitioners are before this Court.

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

5. Considering the facts and circumstances of the case, the respondents are directed to conduct survey of the subject property. The petitioners shall submit all the relevant records to show their title to the property and the respondents 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 3/6

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.

6. The Writ Petition is allowed. Consequently, the connected miscellaneous petition is closed. No costs.

16.12.2024 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The District Collector VOC Nagar, Kallakurichi 606 202 2.The Tahsildar Taluk Office Road, Perumbur, Sankarapuram, Kallakurichi-606 401 3.The Land Surveyor Sankarapuram Village, Kallakurichi -606 401 5/6

P.T. ASHA, J, kan W.P.No. 37626 of 2024 16.12.2024 6/6