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Madras High CourtWP/38378/2024allowed

R.Venkatesan v. The District Collector,

2025-01-02Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 38378 of 2024 R. Venkatesan ... Petitioner Vs 1 The District Collector Cuddalore District, Cuddalore.

2 The Tahsildar, Virudhachalam Taluk, Cuddalore District.

3 The Taluk Surveyor, Virudhachalam Taluk, Cuddalore District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the respondents to survey the land comprised in Natham Survey No. 360/23, Old Survey No. 242/4, part of Paravalur Village, Virudhachalam Taluk, Cuddalore District within a time frame that may be fixed by this Court.

For Petitioner :

Mr.G. Elango 1/4

For Respondents 1 to 3 :

Mr M.R. Gokul Krishnan, Additional Government Pleader

ORDER

The above Writ Petition has been filed seeking a mandamus to the respondents to consider the petitioner's representation dated 14.06.2023.

2. The grievance of the petitioner is that he sent representation to the respondents 1 and 2 dated 14.06.2023 and 25.09.2023 to survey his land in Natham Survey No.360/23, Old Survey No. 242/4 part of Paravalur Village, Virudhachalam Taluk, Cuddalore District by paying necessary fees. However, the respondents have not proceeded to survey the land in question. Hence, the petitioner is before this Court.

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

4. Considering the facts and circumstances of the case, a mandamus is issued to the respondents to conduct the survey of the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the respondent shall, after issuing notice to the adjacent land 2/4

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.

5. With the above directions, this Writ Petition is allowed. No costs. 02.01.2025 Index: Yes/No Speaking order/non-speaking order srn To, 1 The District Collector Cuddalore District, Cuddalore.

2 The Tahsildar, Virudhachalam Taluk, Cuddalore District.

3 The Taluk Surveyor, Virudhachalam Taluk, Cuddalore District.

P.T.ASHA, J., 3/4

srn W.P.No. 38378 of 2024 02.01.2025 4/4