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Madras High CourtWP/1729/2025allowed

P.Usha v. The District Collector

2025-01-28Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA P.Usha

...Petitioner

Vs.

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

2.The Tahsildar, Office of Tahsildar, Thalaivasal Taluk, Salem District.

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

4.The Inspector of Police, Thalaivasal Police Station, Salem District.

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondents 2 and 3 to measure the 1/5

petitioner's land viz., properties in Survey Nos.26/3A1, 26/3B to a total extent of about 2 acre 68 cents in Thenkaumari Village, Attur Taluk, now Thalaivasal Taluk, Salem District by disposing of the petitioner's online application dated 18.11.2024 vide petition No.2024/0123/08/006270 and the same within a time to be stipulated by this Court.

For Petitioner :Mr.A.Rajakumar For Respondents :Mr.R.P.Murugan Raja [R1 to R3] Government Advocate Mr.R.Vinoth Raja [R4] Government Advocate (Crl.Side)

O R D E R

The writ petition has been filed seeking a mandamus to direct the respondents 2 and 3 to measure the petitioner's land in Survey Nos.26/3A1, 26/3B measuring an extent of 2 acre 68 cents in Thenkumari Village, Attur Taluk, now Thalaivasal Taluk, Salem District by disposing of her on-line application dated 18.11.2024 vide petition No.2024/0123/08/006270.

2. The petitioner would submit that she is the absolute owner of the above mentioned properties, having purchased the same under a 2/5

registered Sale Deed dated 07.11.2018 vide Doc.No.2798 of 2018 on the file of the Thalaivasal Sub-Registrar Office. Pattas have also been issued in her favour vide Patta Nos.1191 and 1084 and she is in absolute possession and enjoyment of the properties. Therefore, she had made an on-line application to measure her properties on 18.11.2024 vide petition No.2024/0123/08/006270 along with necessary charges. However, there was no action to date. Therefore, 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 her 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 3/5

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.

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 Tahsildar, Thalaivasal Taluk, Salem District.

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

4.The Inspector of Police, Thalaivasal Police Station, Salem District.

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