Baraneetharan, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 07.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 40006 of 2024 Baraneetharan, ....
Petitioner Vs 1.The District Collector, Collector Office Road, Krishnagiri District.
2.The Tahsildar, Office of Tahsildar, Oblikattur Village, Krishnagiri District.
3.The Surveyor, Oblikattur Village, Krishnagiri District.
4.Mahendran ....
Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to survey and fix the boundaries of the petitioner's land situate at Bargur Taluk, Nagampatty Village, Krishnagiri District, comprised in S.Nos.501A/2 and 507 measuring an extent of 0.20.0 hectares and 1/4
1.85.5 hectares respectively having joint patta No.316 by considering the petitioner's online application dated 02.08.2024, within the time frame as may be fixed by this Court.
For Petitioner :
Mr.S.Senthil For R1 to R3 :
Mr. A.Selvendran Special Government Pleader.
ORDER
The above Writ Petition has been filed seeking a mandamus to the respondents 1 to 3 to survey the subject property of the petitioner.
2. It is the case of the petitioner that he owned the subject property comprised in survey No.501A/2 and 507 measuring an extent of 0.20.0 hectares and 1.85.5 hectares respectively. The petitioner is in continuous possession and enjoyment of the subject property. However, it was not demarcated and laid any boundary stones in and around his property. Therefore, the petitioner submitted an online application on 02.08.2024 to survey his land and also paid requisite fees. So far the respondents did not take any steps to survey and demarcate the land belongs to the petitioner. Hence, this writ petition.
3. Heard the learned counsels on the either side and perused the 2/4
records.
4. Considering the facts and circumstances of the case, the second respondent is 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 second 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 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.
07.01.2025 Index : Yes/No Internet : Yes/No Lpp P.T. ASHA, J, Lpp 3/4
To 1.The District Collector, Collector Office Road, Krishnagiri District.
2.The Tahsildar, Office of Tahsildar, Oblikattur Village, Krishnagiri District.
3.The Surveyor, Oblikattur Village, Krishnagiri District.
W.P.No. 40006 of 2024 07.01.2025 4/4