Chinnasamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2025
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Chinnasamy
...Petitioner
Vs 1.The District Collector, Tiruppur District Collector Office, Tiruppur - 641 604, Tiruppur District.
2.The District Revenue Officer, Tiruppur District.
3.The Tahsildar, Palladam Taluk, Tiruppur District.
4.The Revenue Inspector, Office of Revenue Department, Kosavampalayam Road, Palladam, Tirupur District - 641 664.
...Respondents
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Mandamus, directing the respondents to act upon the petitioner's online application dated 16.10.2024 in 1/5
application No.2024/0123/32/002521 to survey, measure and demarcate the petitioner's property situated in S.F.332/2B/2B1E of Kodangipalayam Village within the time frame fixed by this Court. For Petitioner : Mr.P.Kalimuthu For Respondents : Mr.A.Selvendran Special Government Pleader
ORDER
The present Writ Petition has been filed seeking direction to respondents to survey the petition mentioned property. 2.The petitioner's contention is that the property comprised in S.No.332/2B/2B1E, situated in No.2/469, Puliyangattu Garden, Kodangipalayam, Palladam - 641 662, Tiruppur District, was originally purchased by petitioner's grandfather Palanisamy vide sale deed dated 31.05.1962 registered as Doc.No.1-756-430-695-1962 on the file of the Sub Registrar, Palladam. Subsequently, petitioner's father Rasagounder and one Subbathal partitioned their ancestral property vide partition deed dated 24.07.1986 registered as document No.972/1986 and the land comprised in S.F.No.332/2B/2B1E was allocated to the petitioner's father. After the death of petitioner's father, he has been in peaceful possession and enjoyment of the said property. Thereafter, he made an 2/5
online application dated 16.10.2024 bearing No.2024/0123/32/002521 to the respondents to survey the said property and he had paid the necessary charges. However, the survey has not been conducted to date. Therefore, the petitioner is before this Court. 3.Heard the learned counsels on the either side and perused the records. Mr.A.Selvendran, the learned Special Government Pleader, takes notice on behalf of respondents.
4.Considering the facts and circumstances of the case, mandamus is issued to the respondents to conduct survey of the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the respondents 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 aforesaid exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order. 3/5
5.With the above directions, this Writ Petition is allowed. No costs.
02.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep To 1.The District Collector, Tiruppur District Collector Office, Tiruppur - 641 604, Tiruppur District.
2.The District Revenue Officer, Tiruppur District.
3.The Tahsildar, Palladam Taluk, Tiruppur District.
4.The Revenue Inspector, Office of Revenue Department, Kosavampalayam Road, Palladam, Tirupur District - 641 664.
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P.T.ASHA , J, ep 02.01.2025 5/5