P. Prabhu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI P.Prabhu ... Petitioner /Vs./ 1.The District Collector, Theni District, Theni.

2.The Tahsildar, Aandipatti Taluk, Theni District.

3.The Head Surveyor, Aandipatti Taluk, Theni District.

4.P.Jeyakodi 5.J.Solamparasan 6.P.Raman 7.K.Murugan ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 2 & 3 to measure the petitioner's patta land in Survey No.794 in Sub-division 1-L situated at Rajendra Nagar, Aaathangaraipatti Post, Vallalnithi Varuvaai Village, 1/5

Aandipatti Taluk, Theni District by considering the petitioner's online application dated 01.03.2024.

For Petitioner : Mr.B.Sargunam For R1 to R3 : Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner seeks writ of mandamus to direct the respondents 2 & 3 to measure the petitioner's patta land in Survey No.794 in Sub-division 1-L situated at Rajendra Nagar, Aaathangaraipatti Post, Vallalnithi Varuvaai Village, Aandipatti Taluk, Theni District.

2. Considering the limited scope of the prayer sought for in the writ petition, with the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. I have heard the learned counsel appearing on either side and perused the materials placed before this Court. 2/5

4. The petitioner has made an online application for survey and measurement of his patta land in the above mentioned survey number. The said online application is dated 01.03.2024. The petitioner seeks limited relief of mandamus to direct the respondents 2 & 3 to pass orders on his online application dated 01.03.2024.

5. The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the respondents 2 & 3 may be directed to conduct a survey in terms of the application, dated 01.03.2024 within a period of eight weeks.

6. Considering the above, the writ petition is allowed with a direction to the respondents 2 & 3 to measure the petitioner's patta land in Survey No.794 in Sub-division 1-L situated at Rajendra Nagar, Aaathangaraipatti Post, Vallalnithi Varuvaai Village, Aandipatti Taluk, Theni District within a period of eight weeks from the date of receipt of a copy of this order. The respondents 4 to 7 shall be put on notice before the proposed survey to enable them to give their objections and 3/5

participate, if interested.

7. It is also made clear that the respondents 2 & 3 are at liberty to seek assistance of the jurisdictional police, if necessity arises or if any apprehension that there is any likelihood of breach of peace in the locality at the time of survey. No costs.

Index : Yes / No NCC : Yes / No 05.02.2025 am TO:- 1.The District Collector, Theni District, Theni.

2.The Tahsildar, Aandipatti Taluk, Theni District.

3.The Head Surveyor, Aandipatti Taluk, Theni District.

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P.B. BALAJI , J.

am Order made in Dated:

05.02.2025 5/5