K.Palaniyappan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH K.Palaniyappan .... Petitioner Vs 1.The District Collector Salem District.

2.The Revenue Divisional Officer Sangagiri Salem District.

3.The Tahsildar Sangagiri Salem District.

4.The Taluk Surveyor Sangagiri Salem District.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to consider the 1/5

petitioner's representation dated 01.09.2025 to survey the land to an extent of 0.60 cents comprised in Survey No.201/3 situated at Theppakuttai Village, Sangagiri Circle, Magudanchavadi Sub Registration Office, Salem District, and to provide separate patta in the name of petitioner and pass orders. For Petitioner : Mr.R.Vivekananthan For Respondents : Mr.P.Ganesan Government Advocate for R1 to R4

ORDER

This writ petition has been filed for issue of Writ of Mandamus directing the respondents, in particular, the third and fourth respondents to conduct survey in the subject property and to demarcate the boundaries, based on the representation made by the petitioner on 01.09.2025.

2. Heard Mr.R.Vivekananthan, learned counsel appearing for the petitioner and Mr.P.Ganesan, learned Government Advocate appearing on behalf of the respondents.

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3. The case of the petitioner is that he became the owner of the subject property by virtue of release deed dated 05.03.2021. The name of the petitioner was also added in the joint patta in Patta No.940. The petitioner submitted an application seeking for sub-division patta. Originally it was rejected on 07.04.2025 on the ground that the petitioner had already alienated the property. After receipt of the rejection order, the petitioner submitted a representation dated 01.09.2025 that he continues to be the owner of the property and that the property has not been alienated. Inspite of the various representations, the respondents did not take any decision to survey the property. Hence, it is under these circumstances, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to third and fourth respondents to act upon the representation made by the petitioner on 01.09.2025, on its own merits and in accordance with law and do the needful, within a period of six weeks from the date of receipt of a copy of this order.

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5. This writ petition is disposed of with the above direction. No costs. 05.11.2025 Index : Yes / No Speaking Order/Non-Speaking Order ds To:

1.The District Collector Salem District.

2.The Revenue Divisional Officer Sangagiri Salem District.

3.The Tahsildar Sangagiri Salem District.

4.The Taluk Surveyor Sangagiri Salem District.

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N. ANAND VENKATESH., J ds 05.11.2025 5/5