Madras High CourtWP/1135/2025allowed

Savariyappan v. The District Collector

2025-01-21Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2025

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Savariyappan

...Petitioner

Vs 1.The District Collector, Krishnagiri District.

2.The District Revenue Officer, Krishnagiri District.

3.The Assistant Director of Land Survey and Records, Krishnagiri District.

4.The Tahsildar, Bargur Taluk, Krishnagiri District.

5.The Head Surveyor, Bargur Taluk, Krishnagiri District.

6.The Village Administrative Officer, B.R.G.Madepalli Village, Krishnagiri District.

...Respondents

PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the 4th respondent 1/5

to dispose of petitioner's application dated 01.07.2024 to survey and mark the boundaries for the land in survey No.533/1B1B of an extent of 0.8.29 ares situated at B.R.G Madepalli Village, Bargur Taluk, Krishnagiri District, within a stipulated time as fixed by this Court. For Petitioner : Mr.Krishnasamy Chinnasamy For Respondents : Mr.S.Jayachandran Government Advocate (For R1 to R6)

ORDER

Challenging the refusal to survey the petition mentioned property, the petitioner is before this Court.

2.The contention of the petitioner is that the property situated at survey No.533/1B, B.R.G. Madepalli Village, Bargur, Krishnagiri District, measuring an extent of 0.84.5 ares, originally belongs to one Arokiyasamy. Petitioner had purchased an extent of 20 cents from Arokiyasamy by way of registered sale deed in Doc.No.1900/2003 on the file of SRO, Dharmapuri and patta was also issued in Patta No.76. During land acquisition process, the boundary stones had been misplaced. Thereafter, the petitioner made an application dated 01.07.2024 to the respondents to survey the said property and he had paid the necessary charges. However, the survey has not been conducted 2/5

to date. Therefore, the petitioner is before this Court.

3. Heard the learned counsels on the either side and perused the records. The learned Government Advocate takes notice on behalf of respondents 1 to 6.

4.Considering the facts and circumstances of the case, mandamus is issued to the respondents 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 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 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.

21.01.2025 Index : Yes/No Internet : Yes/No 3/5

Speaking Order/Non Speaking Order ep P.T.ASHA, J, ep To 1.The District Collector, Krishnagiri District.