Ramkkal 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. 38361 of 2024 Ramkkal

...Petitioner

Vs.

1.The District Collector Dharmapuri District 2.The Thasildar Dharmapuri Taluk, Dharmapuri District 3.The Head Surveyor Dharmapuri Taluk, Dharmapuri District

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 2nd respondent to take steps to measure and demarcate the property being all that piece and parcel of land comprised in Halla Dharmapuri Village, Dharumapuri Taluk, Dharmapuri District, comprised in Ward no B, Block No 4, Town Survey No 1/18 in Survey nos. 496 of an extent of 81 sq. Meter 1/5

(871 3/4 sq.feet) and comprised in Ward no. B. Block No. 4 Town Survey No 1/14 Survey Nos. 476 of an extent of 86 sq. Meter (925 3/4 sq.feet) in Application dated 09.08.2024 and E - Challan No. 2024118003259 dated 28.11.2024.

For Petitioner :

Mr. G.Selvaraj 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 2nd respondent to measure and demarcate the subject property.

2. It is the case of the petitioner that the subject property was originally owned by her husband, Rajamani. The said Rajamani executed a settlement deed in favour of the petitioner on 17.06.2019. Since then the petitioner has been in possession and enjoyment of the same. The petitioner would submit that she made an online application seeking survey and demarcation of the subject property on 09.08.2024. Since there is no response, the petitioner is before this Court. 2/5

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

4. Considering the facts and circumstances of the case, the 2nd respondent is directed to conduct survey of the subject property. The petitioner shall submit all the relevant records to show her title to the property and the 2nd 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 subdividing the property 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.

5. The Writ Petition is allowed. No costs.

16.12.2024 Index : Yes/No Internet : Yes/No kan 3/5

To 1.The District Collector Dharmapuri District 2.The Thasildar Dharmapuri Taluk, Dharmapuri District 3.The Head Surveyor Dharmapuri Taluk, Dharmapuri District 4/5

P.T. ASHA, J, kan W.P.No. 38361 of 2024 16.12.2024 5/5