T.Saranya v. The District Collector
In the High Court of Judicature at Madras Dated : 06.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.39987 of 2024 T.Saranya
...Petitioner
Vs 1.The District Collector, Office of the Collectorate, Krishnagiri District-635115.
2.The Tahsildar, Uthangarai Tahsildar Office, Police Station Road, Uthangarai Taluk, Krishnagiri District-635207.
3.The Head Surveyor, Uthangarai Taluk Office, Krishnagiri District-635207.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the third respondent to dispose of the application of the petitioner bearing No.024/0123/31/ 004022 dated 24.7.2024 and consequently direct the third respondent to survey and demarcate the petitioner's property in patta No.824, bearing survey No.29 with an extent of 4 acres 84 cents in Kommampattu Village, Uthangarai Taluk, Krishnagiri District. 1/4
For Petitioner :
Mr.Anoj Elangovan For Respondents :
Mr.A.Selvendran, SGP
ORDER
Seeking a direction to the third respondent to consider her online application dated 24.7.2024 to conduct a survey in respect of the property in patta No.824, survey No.29 measuring 4 acres 84 cents in Kommampattu Village, Uthangarai Taluk, Krishnagiri District, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents.
3. The case of the petitioner is as follows : The petitioner is the absolute owner of the subject property. She acquired it by way of a sale deed dated 16.9.2021 registered as doc.No.5458 of 2021 on the file of the Sub-Registrar, Uthangarai for a valid sale consideration. Ever since the date of purchase, she has been in possession and enjoyment of the subject property. In order to conduct a survey in respect of the subject property, the petitioner made an online application dated 24.7.2024 by paying necessary charges. However, no action has been taken on that. Hence the writ 2/4
petition.
4. The fact that the subject property belongs to the petitioner is seen from the narration in the affidavit filed in support of the writ petition. Since the petitioner acquired it by way of purchase, she requested the third respondent to conduct a survey and demarcate its boundaries.
5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the third respondent to conduct a survey in respect of the subject property. The petitioner shall submit all the relevant records to show her title to the subject property and the third respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter pass orders either surveying the subject property and demarcating its boundaries 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 6 weeks from the date of receipt of a copy of this order. No costs.
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P.T.ASHA,J RS To 1.The District Collector, Office of the Collectorate, Krishnagiri District-635115.
2.The Tahsildar, Uthangarai Tahsildar Office, Police Station Road, Uthangarai Taluk, Krishnagiri District-635207.
3.The Head Surveyor, Uthangarai Taluk Office, Krishnagiri District-635207.
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