G.Karamathulla v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA G.Karamathulla ... Petitioner Vs.

1.The Collector Dharmapuri District.

2.The Thasildar Dharmapuri Taluk, Dharmapuri District.

3.The District Surveyor Dharmapuri Taluk, Dharmapuri District.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus,Directing the 2nd respondent to take steps to measure and demarcate the property being all that piece and parcel and land comprised in comprised in Survey Nos.159 of an total extent of 23 cents and comprised in Survey Nos.160 of an total extent of 0.07 Adhagapadi Village, Dharmapuri Taluk, Dharmapuri District and based on the petitioners Application No.2024/ 0105 /05/ 302633 dated 23.08.2023 within a time frame fixed by this Honourable Court. 1/5

For Petitioner : M/s.M.Selvam For Respondents : M/s.G.Velu, AGP.

for R.1 to R.3.

O R D E R

The above Writ Petition has been filed to direct the 2nd respondent to take steps to measure and demarcate the property being all that piece and parcel and land comprised in comprised in Survey Nos.159 of an total extent of 23 cents and comprised in Survey Nos.160 of an total extent of 0.07 Adhagapadi Village, Dharmapuri Taluk, Dharmapuri District and based on the petitioners Application No.2024/ 0105 /05/ 302633 dated 23.08.2023

2. The grievance of the petitioner is that despite making an online application on 23.08.2024, the 2nd respondent has not taken any steps to survey the land in question.

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

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4. Considering the facts and circumstances of the case, the 2nd respondent is directed to consider the petitioner's online application and conduct survey of the subject property. The petitioner shall submit all the relevant records to show his 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 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.

13.12.2024 (shr) Index : Yes/No Speaking Order: Yes/No 3/5

To 1.The Collector Dharmapuri District.

2.The Thasildar Dharmapuri Taluk, Dharmapuri District.

3.The District Surveyor Dharmapuri Taluk, Dharmapuri District.

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P.T. ASHA . J., (shr) 13.12.2024 5/5