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Madras High CourtWP/41409/2025disposed of

D.Ilavarasan v. The District Collector

2025-11-05Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2025

CORAM

THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH D.Ilavarasan .... Petitioner Vs 1.The District Collector I Floor, Salem Main Road District Collector Office Dharmapuri District Tamil Nadu - 636 705.

2.The Revenue Divisional Officer Revenue Divisional Office Salem Main Road, Harur Dharmapuri Tamil Nadu - 636 701.

3.The Tahsildar Taluk Office, Harur Dharmapuri Tamil Nadu - 636 701.

4.Palaniammal .... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent to consider 1/5

the petitioner's representation dated 15.09.2025 and to conduct proper survey along with protection, measurement and equal sub-division of the ancestral property situated at Paiyarnayakanpatti Village, Dharmapuri District into four equal shares and to issue separate patta numbers to each entitled legal heir and pass orders.

For Petitioner : Mr.B.Manikandan For Respondents : Mr.C.Jayaprakash Government Advocate for R1 to R3

ORDER

This writ petition has been filed for issue of Writ of Mandamus directing the third respondent to deal with the representation made by the petitioner on 15.09.2025, wherein the petitioner is seeking for survey of the subject property and for issuance of separate patta in his name.

2. Heard Mr.B.Manikandan, learned counsel appearing for the petitioner and Mr.C.Jayaprakash, learned Government Advocate appearing on behalf of respondents 1 to 3.

3. The case of the petitioner is that the subject property is the ancestral 2/5

property of one Ramasamy. Thereafter, the petitioner had purchased the property through a registered sale deed dated 25.10.2024. The joint patta was also issued in the name of the petitioner in Patta No.9273. The petitioner submitted a representation seeking to conduct survey in the subject property. On receipt of the same, the third respondent has also sent a communication to the concerned jurisdictional police seeking police protection in order to conduct the survey. Thereafter, no survey was conducted. It is under these circumstances, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and considering the materials placed before this Court, there shall be a direction to the third respondent to conduct survey in the subject property, based on the title documents and joint patta that stands in the name of the petitioner. This process shall be conducted within a period of four weeks from the date of receipt of a copy of this order. If there are other interested parties, such survey shall be conducted in their presence. If required, it is left open to the third respondent to seek police protection from the concerned jurisdictional police. 3/5

5. This writ petition is disposed of with the above directions. No costs. 05.11.2025 Index : Yes / No Speaking order / Non-speaking order ds To:

1.The District Collector I Floor, Salem Main Road District Collector Office Dharmapuri District Tamil Nadu - 636 705.

2.The Revenue Divisional Officer Revenue Divisional Office Salem Main Road, Harur Dharmapuri Tamil Nadu - 636 701.

3.The Tahsildar Taluk Office, Harur Dharmapuri Tamil Nadu - 636 701.

N.ANAND VENKATESH,J.

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ds 05.11.2025 5/5