Madras High CourtWP/39910/2024allowed

Malar v. The District Collector

2025-01-06Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 39910 of 2024 Malar ... Petitioner Vs 1 The District Collector Office of the Collectorate, Salem District.

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

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

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to measure the petitioner's land viz. Survey No. 14/3 punja hectare 1.18.5 and to an extent of about 2 acre 83 cents in Kadambur Village, Gangavalli Taluk, Salem District by disposing the Petitioner' online application dated 11.11.2024 vide petition number 2024/0123/08/006110 within the time to be stipulated by this Court.

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For Petitioner :

Ms. V. Ranjitha For Respondents 1 to 3:

Mr A. Selvendran, Special Government Pleader

ORDER

The above Writ Petition has been filed seeking a mandamus to the respondents to consider the petitioner's on-line application dated 11.11.2024.

2. The grievance of the petitioner is that, despite making an application on 11.11.2024 through on-line, the respondents have not proceeded to survey the land in question.

3. Heard the learned counsels on the either side and perused the records.

4. Considering the facts and circumstances of the case, a 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 respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass 2/4

orders either surveying and 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. 06.01.2025 Index: Yes/No Speaking order/non-speaking order srn To, 1 The District Collector Office of the Collectorate, Salem District.

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

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

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P.T.ASHA, J., srn W.P.No. 39910 of 2024 06.01.2025 4/4