Madras High CourtWP(MD)/24181/2024disposed of

N.Srinivasan v. The District Collector

2024-10-29Honourable Ms. Justice P.T. Asha5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2024

CORAM

THE HONOURABLE Ms.JUSTICE P.T.ASHA N.Srinivasan ... Petitioner /vs./ 1.The District Collector, 2.The District Revenue Officer, 3.The Tahsildar, 4.K.Gajendran (R4 has been impleaded vide order dated 29.10.2024) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents herein to consider the representation dated 29.06.2020 by surveying the lands situated in S.No.180/26 1/5

based on the proceedings of the 1st respondent vide Na.Ka.A2/1865/2021 dated 04.08.2021 and survey the lands in S.No. 180/26 with the aid of documents and old revenue records.

For Petitioner : Mr.V.R.Shanmuganathan For R1 to R3 : Mr.D.S.Nedunchezian Government Advocate

ORDER

The above writ petition has been filed for the issue of a Writ of Mandamus to direct the respondents herein to consider the representation dated 29.06.2020 by surveying the lands situated in S.No.180/26 based on the proceedings of the first respondent vide Na.Ka.A2/1865/2021 dated 04.08.2021 and survey the lands in S.No. 180/26 with the aid of documents and old revenue records.

2. When the matter was taken up for hearing, Mr.D.S.Nedunchezian, learned Government Advocate, on instructions, would inform that the survey has already been conducted and it was found that the petitioner's land falls short of the extent given in the document. He would further submit that the authority shall consider the objections of both the parties and thereafter pass orders for surveying and sub-divisioning the property once again.

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3. Recording the same, the Writ Petition stands disposed of with a direction to the respondents to conduct survey 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 the property or rejecting the request. 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. No costs. Speaking : Yes / No 29.10.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The District Collector, 2.The District Revenue Officer, 3/5

3.The Tahsildar, 4/5

P.T.ASHA, J.

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