A.Ayyavu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA D.Ayyavu

...Petitioner

Vs.

1.The District Collector, Office of the Collectorate, Salem District.

2.The Tahsildar, Office of the Tahsildar, Gangavalli Taluk, Salem District.

3.The Head Surveyor, Office of Tahsildar, Gangavalli Taluk, Salem District.

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing respondents 2 and 3 to measure the petitioner's land viz., Survey Nos.763/2, 763/5, 765/1, 765/8, 765/10, 766/3, 766/7 to a total extent of about 2 hectares 10.50 ares in Pachamalai Village, Gangavalli Taluk, Salem District by disposing of the petitioner's online 1/5

application dated 27.08.2024 vide application No.2424/0123/08/004631 and the same within a time to be stipulated by this Court.

For Petitioner :Mr.A.Rajakumar For Respondents :Mr.M.R.Gokul Krishnan Additional Government Pleader

O R D E R

This writ petition has been filed seeking a mandamus, directing the respondents 2 and 3 to measure the petitioner's land viz., Survey Nos.763/2, 763/5, 765/1, 765/8, 765/10, 766/3, 766/7 measuring an extent of 2 hectares 10.50 ares in Pachamalai Village, Gangavalli Taluk, Salem District by disposing of his on-line application dated 27.08.2024 vide application No.2424/0123/08/004631 within a time frame to be stipulated by this Court.

2. The petitioner would submit that he is the absolute owner of the above-mentioned properties. The said properties were allotted to him by way of a Settlement Register by the Tahsildar, Land Revenue 2/5

Scheme vide proceedings dated 29.08.2011. From the date of allotment, he is in possession and enjoyment of the said properties and has been carrying on agricultural work. Patta has also been issued in his favour vide Patta No.22. Therefore, the petitioner had made an online application vide Application No.2024/0123/08/004631 to measure his property along with necessary charges. However, no action was taken. 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, mandamus is issued to the respondents 2 and 3 to measure the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the respondents 2 and 3 shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either measuring and subdividing the property or rejecting the request. In the case of a 3/5

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.

28.01.2025 Index: Yes/No Internet : Yes/No srn To 1.The District Collector, Office of the Collectorate, Salem District.

2.The Tahsildar, Office of the Tahsildar, Gangavalli Taluk, Salem District.

3.The Head Surveyor, Office of Tahsildar, Gangavalli Taluk, Salem District.

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P.T. ASHA, J, srn 28.01.2025 5/5