Kumaresan@Dhasarathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 256 of 2025 Kumaresan @ Dhasarathi ....

Petitioner Vs 1.The District Collector, Collectorate, 2.The Assistant Director, Survey and Land Records, 3.The Tahsildar, Uthangarai Revenue Taluk, 4.The Village Administrative Officer, Uthangarai Revenue Taluk, 5.The Inspector of Police, Sampalpatti Police Station, Uthangarai sub-division, ....

Respondents 1/6

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to measure, demark the petitioner's property in Survey No.2/3B1A situated at Boorgalapalli Village, Uthangarai Taluk, Krishnagiri, in the light of the necessary payment paid by the petitioner, with the help of the fifth respondent to give adequate police protection till the completion of the measuring the above said property. For Petitioner :

Mr.T.S.Sankar For R1 to R4 :

Mr.P.Sathish Additional Government Pleader For R5 : Mr.R.Vinoth Raja Government Advocate (Crl.Side)

ORDER

The above Writ Petition has been filed seeking a writ of mandamus to the second respondent to survey and demarcate the subject property of the petitioner.

2. It is the case of the petitioner that the property, comprised in Survey No.2/3B1A situated at Boorgalapalli Village, Uthangarai Taluk, Krishnagiri, is owned by the petitioner through a partition deed dated 2/6

04.05.2001. From the date of partition, the petitioner has been in possession and enjoyment of the same. Therefore, the petitioner submitted an on-line application before the third respondent to survey his land and also paid the requisite fees. However, to date, the respondents 2 to 4 have not taken any steps to survey the land and fix its boundaries. Hence, this writ petition.

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

4. Considering the facts and circumstances of the case, the respondents 2 to 4 are directed to conduct survey of the subject property. The petitioner shall submit all the relevant records to show his title to the property and the third respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying 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 3/6

period of twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands allowed. No costs.

09.01.2025 Index : Yes/No Internet : Yes/No Lpp To 1.The District Collector, Collectorate, 2.The Assistant Director, Survey and Land Records, 3.The Tahsildar, Uthangarai Revenue Taluk, 4.The Village Administrative Officer, Uthangarai Revenue Taluk, 4/6

5.The Inspector of Police, Sampalpatti Police Station, Uthangarai sub-division, 5/6

P.T. ASHA, J, Lpp W.P.No. 256 of 2025 09.01.2025 6/6