P.Uthayakumar v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 03.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 38921 of 2024 P.Uthayakumar

...Petitioner

Vs.

1.The Tahsildar, Salem District.

2.The Head Surveyor, Salem District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to survey the measurement of petitioner property Patta no. 753, old survey no. 12/2 new nattham survey no. 95/4 at measuring to an extent of 151 sq.ft at Vembadithalam Village, Salem South Taluk, Salem District vide Document No.3883 of 2021 on the file of SRO Makudanchavadi, Salem District, pursuant to petitioner's application dated 04.10.2023 1/6

For Petitioner :

Mr. P.Dasarathan For Respondents :

Mr. R.P.Murugan Raja Government Advocate.

O R D E R

The Writ Petition is filed for the following relief: "To direct the respondents to survey the measurement of petitioner property Patta no. 753, old survey no. 12/2 new nattham survey no. 95/4 at measuring to an extent of 151 sq.ft at Vembadithalam Village, Salem South Taluk, Salem District vide Document No.3883 of 2021 on the file of SRO Makudanchavadi, Salem District, pursuant to petitioner's application dated 04.10.2023".

2. It is the case of the petitioner that he had purchased the subject property on 22.07.2021, vide Doc.No.3883/2021. On 04.10.2023, the petitioner submitted his application for survey and measurement. The petitioner has also paid necessary charges. However, the petitioner's application has been kept pending for more than a year. Therefore, the Writ Petition has been filed.

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

4. Considering the facts and circumstances of the case, the 1st respondent is directed to consider the petitioner's representation and conduct survey of the subject property. The petitioner shall submit all the relevant records to show her title to the property and the 1st respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing 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 6 weeks, from the date of receipt of a copy of this order.

5. The Writ Petition is allowed. No costs.

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03.01.2025 Index : Yes/No Internet : Yes/No kan To 1.The Tahsildar, 4/6

Salem District.

2.The Head Surveyor, Salem District.

P.T. ASHA, J, kan 5/6

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