← Library
Madras High CourtWP/39213/2024allowed

V.Aarthi v. The District Collector

2025-01-03Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 39213 of 2024 V.Aarthi

...Petitioner

Vs.

1.The District Collector Dharmapuri District.

2.The Tahsildar Harur Taluk Office, Harur Dharmapuri District - 636903 3.The Head Surveyor Harur Taluk Office, Harur, Dharmapuri District - 636903 4.The Inspector of Police Morappur Police Station, Dharmapuri District - 635 305

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondents to 1/6

survey and fix the boundary stones for the lands comprised Survey No.11/1, to extent of 1 acre 9 cents, Survey No.12/1, extent of 0.12 cent (Sale deed Document No.2044/2024) at Dasarahalli Village, Harur Taluk, Dharmapuri District.

For Petitioner :

Mr. T.Venkatesan For Respondents :

Mr. M.R.Gokul Krishnan 1 to 3 Additional Government Pleader.

For Respondent 4:

Mr. R.Vinoth Raja Government Advocate (Crl. Side).

O R D E R

The Writ Petition is filed for the following relief: "To direct the 2nd respondents to survey and fix the boundary stones for the lands comprised Survey No.11/1, to extent of 1 acre 9 cents, Survey No.12/1, extent of 0.12 cent (Sale deed Document No.2044/2024) at Dasarahalli Village, Harur Taluk, Dharmapuri District".

2/6

2. The petitioner purchased the subject property vide sale deed dated 07.11.2024. From the date of purchase, she has been in continuous possession and enjoyment of the same. On 23.11.2024, the petitioner made an application to the 2nd respondent to survey the subject land. The petitioner has also paid the necessary charges for conducting survey. Since there is no response, 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, the 2nd respondent is directed to consider the petitioner's representation and 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 3/6

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 12 weeks, from the date of receipt of a copy of this order.

5. The Writ Petition is allowed. No costs.

03.01.2025 Index : Yes/No Internet : Yes/No kan 4/6

To 1.The District Collector Dharmapuri District.

2.The Tahsildar Harur Taluk Office, Harur Dharmapuri District - 636903 3.The Head Surveyor Harur Taluk Office, Harur, Dharmapuri District - 636903 4.The Inspector of Police Morappur Police Station, Dharmapuri District - 635 305 5/6

P.T. ASHA, J, kan W.P.No. 39213 of 2024 03.01.2025 6/6