Madras High CourtWP/5950/2025disposed of

S.Bhuvaneswari v. The District Collector

2025-02-25Honourable Mr Justice N. Anand Venkatesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.02.2025

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH

1. S.Bhuvaneswari

2. Lachana ... Petitioners Vs.

1. The District Collector, The Nilgris District.

2. The District Revenue Officer (DRO), The Nilgris District.

3. The Revenue Divisional Officer (RDO), The Nilgris District.

4. The Tahsildar, Kotagiri Taluk,

5. The Taluk Head Surveyor, Kotagiri Taluk, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to take action the petitioner's representation dated on 18.10.2024 and 24.10.2024 submitted

with regard to survey the petitioner's land comprised in survey No.880/4A (Hectares 1.18.24), vide Patta No.5029, comprised in survey No.937/2A1A, (Hectares 0.17.13) vide patta No.767, comprised in Survey No.921/2, (Hectares 0.03.50), vide Patta No.4096, comprised in Survey No.921/3, (Hectares 0.2.50), vide Patta No.4097 comprised in survey No.921/4,(hectares 0.4.00), vide Patta No.640, and comprised in survey No.921/6A, (Hectares 0.22.07), vide Patta No.3861, in Kotagiri village, Kotagiri Taluk, The Nilgiris District, through registered Partition Deed dated 17.07.2006 in Document No.1191/2006 at SRO, Kotagiri, by meets and bounds and making proper sub division.

For Petitioner : Mr.V.Logeswaren For Respondents : Mr.R.P.Muruganraja, Government Advocate

O R D E R

This writ petition has been filed for the issue of a writ of mandamus directing the fourth and fifth respondents to survey the subject property based on the representation made by the petitioner on 18.10.2024.

2. Heard Mr.V.Logeswaren, learned counsel for the petitioners and Mr.R.P.Muruganraja, learned Government Advocate appearing for the respondents.

3. The petitioners are claiming right and title over the subject property through a Partition Deed dated 17.07.2006. Thereafter, joint patta has also been issued and the names of the petitioners were found in the joint patta. The petitioners wanted a survey to be conducted in the subject properties for demarcation of boundaries. Since the representation was not acted upon, the present writ petition has been filed before this court.

4. Taking into consideration the facts and circumstances of the case and considering the grievance expressed by the petitioners, there shall be a direction to the petitioners to submit an online application to the fourth respondent along with all the necessary particulars and by payment of necessary charges. On receipt of the same, the fourth and fifth respondents shall act upon the same and conduct a survey in the subject property based on the title deed and the patta that stands in the name of the petitioners. If there are any other interested parties, survey shall be conducted in their presence. This process shall be completed by the fourth and fifth

respondents within a period of six weeks from the date of receipt of the fresh application from the petitioners.

5. This writ petition is disposed of with the above directions. No costs.

25.02.2025 skr (2/2) Index : Yes / No Speaking order / Non-speaking order To

1. The District Collector, The Nilgris District.

2. The District Revenue Officer (DRO), The Nilgris District.

3. The Revenue Divisional Officer (RDO), The Nilgris District.

4. The Tahsildar, Kotagiri Taluk,

5. The Taluk Head Surveyor, Kotagiri Taluk,

N. ANAND VENKATESH, J.

skr 25.02.2025 (2/2)