Jayaprkash.M v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 39916 of 2024 Jayaprakash ... Petitioner Vs 1 The District Collector Office of the Collectorate, Kallakurichi.

2 The Tahsildar, Office of the Collectorate, 3 The Head Land Surveyor, Office of Tahsildar, 4 The Sub Land Surveyor, Office of Tahsildar,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the 3rd and 4th respondents to conduct survey and mark the boundaries of the property in S.F.No. 138/2B1 and 138/2C1 measuring a total of 0.27 Hectare, i.e, 0.66 acre situated in 1/5

Nallathur Village, No. 1 Sub Division, Kallakurichi District by considering representation dated 29.11.2024 in accordance with law within a time frame as stipulated by this court .

For Petitioner:

Mr. I. M. Siddartha Ramarajan For Respondents 1 to 4:

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 representation dated 29.11.2024.

2. The grievance of the petitioner is that he sent a representation to the 2nd respondent dated 29.11.2024 to survey his land in S.F.Nos.138/2B1 and 138/2C1 by paying necessary fees. However, the respondents have not proceeded to survey the land in question. 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, a mandamus is issued to the respondents 3 and 4 to measure the petition mentioned property. 2/5

The petitioner shall submit all the relevant records to show his 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 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, Kallakurichi.

2 The Tahsildar, Office of the Collectorate, 3/5

3 The Head Land Surveyor, Office of Tahsildar, 4 The Sub Land Surveyor, Office of Tahsildar, 4/5

P.T.ASHA, J., srn W.P.No. 39916 of 2024 06.01.2025 5/5