Venkatraman 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. 308 of 2025 and W.M.P.No.351 of 2025 1.Venkataraman 2.Basavaraj 3.Sriramachandran ....
Petitioners Vs 1.The District Collector, Krishnagiri District, Krishnagiri.
2.The Tahsildar, Shoolagiri, Krishnagiri District.
3.The Taluk Head Surveyor, Taluk Office, Soolagiri Taluk, Krishnagiri.
....
Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to survey and measure the petitioner's land situate at Chennapalli Village, 1/5
Soolagiri Taluk, Krishnagiri in S.F.No.448 within a stipulated period and issue separate patta based on their representations dated 20.06.2024 in accordance with law.
For Petitioners :
Mr.M.Marudhachalam For Respondents :
Mr. A.Selvendran Special Government Pleader.
ORDER
The above Writ Petition has been filed seeking a writ of mandamus to the respondents to survey and measure the subject property of the petitioner.
2. It is the case of the petitioner that the first petitioner derived right to the property comprised in S.F.No.448, admeasuring 9.04.5 hectares, situated at Chennapalli Village, Soolgiri Taluk, by way of partition deed. Thereafter, the first petitioner partitioned the property among his two sons, viz., the second and third petitioners herein, and they are in possession and enjoyment of their respective shares. The petitioners submitted an application before the second respondent to survey of their land and also paid the requisite fees. However, to date, 2/5
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.
4. Considering the facts and circumstances of the case, the second and third respondents are directed to conduct survey of the subject property. The petitioners shall submit all the relevant records to show their 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 eight (8) weeks from the date of receipt of a copy of this order.
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5. With the above direction, this Writ Petition stands allowed. Consequently, connected miscellaneous petition is closed. No costs. 09.01.2025 Index : Yes/No Internet : Yes/No Lpp To 1.The District Collector, Krishnagiri District, Krishnagiri.
2.The Tahsildar, Shoolagiri, Krishnagiri District.
3.The Taluk Head Surveyor, Taluk Office, Soolagiri Taluk, Krishnagiri.
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P.T. ASHA, J, Lpp W.P.No. 308 of 2025 09.01.2025 5/5