Varadhagounder 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. 37379 of 2024 Varadhagounder

...Petitioner

Vs.

1.The District Collector Thiruvannamalai District, Thiruvannamalai 2.The Revenue Divisional Officer Arani Revenue Division, Thiruvannamalai District 3.The Tahsildar Polur Taluk, Thiruvannamalai District 4.S.Raja

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to 1/6

conduct survey and to issue patta in favour of the petitioner, based on the online application No.2024 / 0123 / 06 / 008125 dated 14.10.2024, in respect of property comprised in Survey No 357 / 3A1A1A1A measuring an extent of 32 cents, situated at Vadamathimangalam Village, Polur Taluk, Thiruvannamalai District. For Petitioner :

Mr. C.Prabakaran For Respondents :

Mr. R.P.Murugan Raja 1 to 3 Government Advocate

O R D E R

The above Writ Petition has been filed seeking a mandamus to the 3rd respondent to survey the subject property and issue patta in favour of the petitioner.

2. It is the case of the petitioner that he purchased the subject property from one Chinnaswamy Chettiyar on 07.07.1959. The property has been in possession and enjoyment of the petitioner since then. Since there is a dispute with regard to the extent of the lands, 2/6

between the petitioner and the adjacent land owners, the petitioner made a representation to the respondents seeking survey of the subject land. The petitioner has also paid necessary charges. However, no action was taken. Therefore, the petitioner is before this Court.

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

4. Considering the facts and circumstances of the case, the 3rd respondent is directed to conduct survey of the subject property. The petitioner shall submit all the relevant records to show his title to the property and the 3rd 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 issuing patta in favour of the petitioner 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.

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5. The Writ Petition is allowed. No costs.

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

To 1.The District Collector Thiruvannamalai District, Thiruvannamalai 2.The Revenue Divisional Officer Arani Revenue Division, Thiruvannamalai District 3.The Tahsildar Polur Taluk, Thiruvannamalai District 5/6

P.T. ASHA, J, kan W.P.No. 37379 of 2024 16.12.2024 6/6