A.Sathiyan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA A.Sathiyan ...

Petitioner Vs 1 The District Collector, Dindigul District, Dindigul.

2 The Assistant Director, Land Survey and Records Department, Dindigul, 3 The Tahsildar, Tahsildar Office, 4 The Head Surveyor, Tasildhar Office, 5 The Firka Surveyor, Tasildhar Office, ...

Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents to consider the petitioner's appeal, dated 18.12.2024, and pass order to conduct survey and demarcate the boundaries in respect of petitioner's property in Survey No.767/1, bearing an extent of about 0-5.50 ares, situated at Ambilikkai Village, Oddanchatram Taluk, Dindigul District. For Petitioner :

Mr.J.Senthil Kumaraiah For Respondents : Mr.A.Kannan, Addl. Govt. Pleader.

ORDER

The petitioner has filed this Writ Petition for a mandamus, directing the respondents to consider the petitioner's appeal, dated 18.12.2024, and pass an order to conduct survey and demarcate the boundaries in respect of petitioner's property in Survey No.767/1, bearing an extent of about 0-5.50 ares, situated at Ambilikkai Village, Oddanchatram Taluk, Dindigul District.

2. The petitioner's father purchased the subject property in Survey No.767/1, to an extent of 0-5.50 ares (14 cents) under a registered sale

deed in document No.947/1995. In order to survey and demarcate the boundaries of the petitioner's property, the petitioner submitted an online application to the respondents on 20.07.2024 and also remitted necessary fee. On 05.08.2024, the petitioner sent a representation to the respondents to conduct survey of the subject property. On 27.10.2024, the fifth respondent -Firka Surveyor rejected the petitioner's application, without assigning any reasons and without conducting any enquiry as stipulated in Section 10 of the Tamil Nadu Survey and Boundaries Act,1923. The petitioner, therefore, preferred an appeal on 18.12.2024, to the fourth respondent under Section 11 of the Tamil Nadu Survey and Boundaries Act,1923, with all necessary documents, for necessary action. But the respondent failed to take any action. Therefore, the petitioner was constrained to file the above writ petition for the aforesaid relief.

3. Considering the limited prayer of the petitioner, I direct the fourth respondents to consider the petitioner's appeal, dated 18.12.2024, and pass orders on merits and in accordance with law, by affording an opportunity of hearing to the petitioner and also the interested parties, within a period of eight weeks from the date of receipt of copy of this order. It is needless to state that the fourth respondent shall issue notice of enquiry to the parties, before passing final orders.

4. Writ Petition is disposed of accordingly. No costs. 30.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1 The District Collector, Dindigul District, Dindigul.

2 The Assistant Director, Land Survey and Records Department, Dindigul, 3 The Tahsildar, Tahsildar Office, 4 The Head Surveyor, Tasildhar Office, 5 The Firka Surveyor, Tasildhar Office,

N.MALA, J.

dixit 30.01.2025