K.Ramamoorthy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA K.Ramamoorthy .. Petitioner Vs.
1.The District Collector, Dindigul District, Dindigul.
2.The Revenue Divisional Officer, Dindigul District, Dindigul.
3.The Taluk Surveyor, Dindigul West Taluk, Dindigul District.
4.The Inspector of Police, Oddanchatram Police Station, Dindigul District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the third respondent to survey the land situated in S.No.921/1 to an extent of 10 cents of Koodalvali Village, Dindigul West Taluk, Dindigul District with the help
of the fourth respondent police protection, on the basis of the petitioner's representation dated 02.09.2024.
For Petitioner :
Mr.M.Sankar For R1 to R3 :
Mr.B.Saravanan Additional Government Pleader For R4 :
Mr.K.Sanjai Gandhi Government Advocate
ORDER
This writ petition has been filed for a mandamus directing the third respondent to survey the land measuring an extent of 10 cents, situate in S.No.921/1, Koodalvali Village, Dindigul West Taluk, Dindigul District with the help of the fourth respondent's police protection, on the basis of the petitioner's representation dated 02.09.2024.
2. The case of the petitioner is that the land in S.No.921/1, Koodalvali Village, Dindigul West Taluk, Dindigul District is his ancestral property and patta for the above said property was standing in his father's name. After his demise, it devolved on the petitioner and
patta was also mutated in his name in Patta No.2073. In this regard, the petitioner made a detailed representation dated 02.09.2024 to respondents 1 to 4 to survey his land with the help of police protection. Since no action has been taken on the same, the petitioner is before this Court.
3. Heard the learned counsel on either side.
4. Considering the request of the petitioner and also the fact that the petitioner has made his representation as early as on 02.09.2024, 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. In the case of a rejection, a speaking order shall be passed. If a request is sought for police protection, the same shall also be considered. The
aforesaid exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. The petitioner shall pay necessary charges within a period of one week from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition is allowed. No costs.
03.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr
To 1.The District Collector, Dindigul District, Dindigul.
2.The Revenue Divisional Officer, Dindigul District, Dindigul.
3.The Taluk Surveyor, Dindigul West Taluk, Dindigul District.
4.The Inspector of Police, Oddanchatram Police Station, Dindigul District.
P.T.ASHA, J.
abr Dated: 03.10.2024