Vairamuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 19.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.1034 of 2024 Vairamuthu

...Petitioner

/Vs./ 1.The District Collector, Theni District, Theni.

2.The Tahsildar, Theni Taluk, Theni District.

3.The Assistant Director, Survey and Land Records, Theni.

...Respondents

Prayer: Writ Petition - filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd and 3rd respondents to measure the Survey Nos.961 and 962/2A situated in Veerapandi Village, Theni District.

For Petitioner : Mr.K.Guhan For Respondents : Mr.A.Kannan Additional Government Pleader 1/4

ORDER

This writ petition has been filed for issuance of writ of mandamus directing the 2nd and 3rd respondents to measure the Survey Nos.961 and 962/2A situated in Veerapandi Village, Theni District.

2. According to the petitioner, the subject property was purchased by the father of the petitioner by way of registered sale deed and after demise of his father, the petitioner with his mother and his siblings are in possession and enjoyment of the same. The petitioner made an application for survey of the subject property and he has also paid necessary fee for the same. Since no action has been taken by the respondents on the application of the petitioner, this writ petition has been filed.

3. The learned Additional Government Pleader appearing for the respondents submits that once the petitioner produces all the relevant documents, the subject land can be measured.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents. 2/4

5. Considering the above facts and circumstances of the case, this Court directs the petitioner to produce all the relevant documents for survey of the subject property. On receipt of the same, the respondents are directed to conduct survey of the subject property by considering the application made by the petitioner dated 19.01.2022, in the presence of the petitioner and the other legal heirs of the deceased father and any other necessary party, whom the respondents deem fit to put on notice within a period of eight [8] weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs. 19.01.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 3/4

V.BHAVANI SUBBAROYAN, J.

sm TO:- 1.The District Collector, Theni District, Theni.

2.The Tahsildar, Theni Taluk, Theni District.

3.The Assistant Director, Survey and Land Records, Theni.

Order made in W.P(MD)No.1034 of 2024 Dated:

19.01.2024 4/4