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Madras High CourtWP(MD)/18460/2024allowed

Pandian v. The District Collector

2024-08-12Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Pandian .. Petitioner Vs.

1.The District Collector, Office of the District Collector, Trichy, Trichy District.

2.The Tahsildar, Office of the Tahsildar, Thiruverumbur, Trichy District.

3.The Surveyor, Office of the Surveyor, Thiruverumbur, Trichy District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents to survey the petitioner's land in Trichy District, Thiruvermbur Taluk, Kundoor Village Survey Nos.227/7 comprising 0.92.0 Ares and Survey No.228/2 comprising 0.86.0 Ares as per the Document No.1602/2014 on

the file of K.Sathanur Sub Registrar Office by considering the petitioner's representation dated 23.07.2024 in accordance with law within the time to be stipulated by this Court.

For Petitioner :

Ms.M.Manimegalai For Respondents :

Mr.P.Thambidurai Government Advocate

ORDER

The petitioner has filed this writ petition for a mandamus to direct the respondents to survey his land measuring an extent of 0.92.0 Ares and 0.86.0 Ares comprised in S.Nos.227/7 and 228/2 respectively of Kundoor Village, Thiruverumbur Taluk, Trichy District, by considering the petitioner's representation dated 23.07.2024.

2. The case of the petitioner is that he and his family members are the resident of the aforesaid village. On 28.04.2014, the petitioner has purchased the petition mentioned property from one C.Balasubramanian, son of Chokkalingam and from the date of purchase, he is in possession of the same. The petitioner decided to construct fencing around the

property for safety purpose. Therefore, in the year 2016, and on 12.07.2024, he paid necessary fees before the third respondent for surveying the property. In this regard, the petitioner has also sent a representation dated 23.07.2024 to the respondents to survey his land. Since no action is forthcoming, the petitioner is before this Court.

3. Heard the learned counsel on either side.

4. Considering the case of the petitioner and also the fact that the petitioner has made his representation on 23.07.2024, a mandamus is issued to the respondents to conduct survey and subdivision of the petition mentioned property. The petitioner shall submit all the relevant records to show his title to the property and the respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. The respondents shall also give a copy of the survey report to the petitioner. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall

be completed within a period of six weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs.

12.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Office of the District Collector, Trichy, Trichy District.

2.The Tahsildar, Office of the Tahsildar, Thiruverumbur, Trichy District.

3.The Surveyor, Office of the Surveyor, Thiruverumbur, Trichy District.

P.T.ASHA, J.

abr Dated: 12.08.2024