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Madras High CourtWP/39515/2024allowed

Ramu v. The District Collector

2025-01-02Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 39515 of 2024 Ramu ... Petitioner Vs 1 The District Collector, 2 The Assistant Director of Survey, District Survey and Boundaries Department, Kallakurichi.

3 The Revenue Divisional Officer, RDO Office, Katchery Road, 4 The Tahsildar, Taluk Office, Sankarapuram Taluk, 5 The Head Surveyor, Taluk Office, Sankarapuram Taluk, 6 The Superindent of Police, District Police Headquarters, 1/5

7 The State rep by the Inspector of Police, Kallakurichi Town Police,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking to issue Writ of Mandamus, directing the 2nd, 4th and 5th Respondents to survey and fix the boundaries of the property pertaining to Suvey No. 160/12A situated at Ariyaperumanur Village, Sankarapuram Taluk, Kallakurichi District and consequently to direct the 6th and 7th Respondents to aid adequate police protection at the time of survey.

For Petitioner :

Mr.S.J. Raja Janakiraman For Respondents 1 to 7 :

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 02.07.2022.

2. The petitioner would submit that he is the owner of the above mentioned property having been allotted thesame through an absolute registered partition Doc No. 1541/1987. The petitioner would submit that joint patta Nos.1186 had been granted on his name, including his brother Srinivasan and his son Ranjith Kumar respectively. Therefore, the petitioner had submitted a 2/5

representation on 02.07.2022, with reminders on 13.12.2022 and 15.12.2023 to the respondents two to five seeking to conduct survey, subdivide amd fix the booundaries of the aforementioned property. These representations have not been considered till 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, a mandamus is issued to the respondents to conduct a survey of the petition mentioned property. 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. 02.01.2025 Index: Yes/No Speaking order/non-speaking order srn 3/5

To, 1 The District Collector, 2 The Assistant Director of Survey, District Survey and Boundaries Department, Kallakurichi.

3 The Revenue Divisional Officer, RDO Office, Katchery Road, 4 The Tahsildar, Taluk Office, Sankarapuram Taluk, 5 The Head Surveyor, Taluk Office, Sankarapuram Taluk, 6 The Superindent of Police, District Police Headquarters, 7 The State rep by the Inspector of Police, Kallakurichi Town Police, 4/5

P.T.ASHA, J., srn W.P.No. 39515 of 2024 02.01.2025 5/5