S.Satheeshkumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 434 of 2025 S.Satheeshkumar ....

Petitioner Vs

1. The District Collector, Namakkal District, Namakkal.

2. The Tahsildar, Kumarapalayam Taluk, Namakkal District.

3. The Head Surveyour Kumarapalayam Taluk Office, Namakkal District.

....

Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, direct the 2nd and 3rd respondents to conduct survey and identify boundaries of the property measuring to an extent of 48.50 ares comprised in Survey No.331/5 of Anangur Village, Kumarapalayam Taluk, Namakkal District based on petitioner's online application dated 24.10.2024. 1/4

For Petitioner :

Mr.S.Angamuthu For Respondents :

Mr. A.Selvendran Special Government Pleader.

ORDER

The above Writ Petition has been filed seeking a writ of mandamus to the second and third respondents to survey the subject property of the petitioner.

2. It is the case of the petitioner that the petitioner's father executed a settlement deed on 31.12.2021 registered vide document No.9893 of 2021 in his favour. Subsequently, the petitioner was issued a patta. On 24.10.2024, the petitioner submitted an on-line application before the second respondent to survey of his land and also paid requisite fees. However, to date, the respondents 2 and 3 did not take any steps to survey the land and fix its boundaries. Hence, this writ petition.

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

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4. Considering the facts and circumstances of the case, the second and third respondents are directed to conduct survey of the subject property. The petitioner shall submit all the relevant records to show his title to the property and the second respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying 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 twelve (12) weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands allowed. No costs.

09.01.2025 Index : Yes/No Internet : Yes/No Lpp 3/4

P.T. ASHA, J, Lpp To

1. The District Collector, Namakkal District, Namakkal.

2. The Tahsildar, Kumarapalayam Taluk, Namakkal District.

3. The Head Surveyour Kumarapalayam Taluk Office, Namakkal District.

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