Sathiyamoorthy v. The District Collector
In the High Court of Judicature at Madras Dated : 18.12.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.38002 of 2024 Sathiyamoorthy
...Petitioner
Vs 1.The District Collector, Villupuram District.
2.The District Revenue Officer, Villupuram District.
3.The Revenue Divisional Officer, Tindivanam Taluk, Villupuram District.
4.The Tahsildar, Tindivanam Taluk, Villupuram District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents particularly the fourth respondent to consider the petitioner's application dated 20.8.2024 acknowledged vide Manu No.2024/N123/ 07/003338 on the file of the fourth respondent to survey the land of the petitioner in survey No.189/17 measuring an extent of 4.5 Ares situated within Dadapuram Village, Tindivanam Taluk, Villupuram District and to pass appropriate orders thereof within a time limit to be specified by this Court.
1/4
For Petitioner :
Mr.S.Saishankar For Respondents :
Mr.A.Selvendran, SGP
ORDER
Seeking a Mandamus to the fourth respondent to consider the online application of the petitioner dated 20.8.2024 to conduct a survey in respect of survey No.189/17 measuring an extent of 4.5 Ares situated within Dadapuram Village, Tindivanam Taluk, Villupuram District, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents.
3. The case of the petitioner is that he is the absolute owner of the said property and has also obtained patta for the same. He constructed a small house in the said property. According to the petitioner, there is a Government High School adjacent to the said property and some third parties, who claim to be the managing trustees of Muneeswaran Temple, are attempting to grab the said property belonging to the petitioner to the extent of about 7 feet. When the petitioner objected to that, it was asserted that the petitioner has no right to question their action. Hence, the petitioner made on online application on 20.8.2024 to the fourth respondent 2/4
seeking to conduct a survey in respect of the said property. He also paid necessary charges. Pursuant to the said online application, the Surveyor inspected the said property. However, no survey was conducted. Despite making a written representation to the respondents, no action has been taken to date. Hence the writ petition.
4. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the fourth respondent to conduct survey in respect of the said property. The petitioner shall submit all the relevant records to show his title to the said property and the fourth respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, pass orders either surveying the said property or rejecting the request. In the case of rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. No costs. 18.12.2024 RS 3/4
P.T.ASHA,J RS To 1.The District Collector, Villupuram District.
2.The District Revenue Officer, Villupuram District.
3.The Revenue Divisional Officer, Tindivanam Taluk, Villupuram District.
4.The Tahsildar, Tindivanam Taluk, Villupuram District.
18.12.2024 4/4