Ls. Aravindkumar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA L.S.Aravindkumar .. Petitioner Vs.
1.The District Collector, Dindigul District, Dindigul.
2.The Tahsildar, Athoor Taluk, Dindigul District.
3.The Taluk Surveyor, Athoor Taluk, Dindigul District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to survey the petitioner's properties comprised in S.Nos.350/2, 357/2, 358/1A, 359/2, 359/5 and 364/4 measuring total extent of 20.07 Acres situated at Paraipatti Village, Athoor Taluk, Dindigul District in Patta Nos.2442 and 2443 and to demarcate the four boundaries and give report by considering the petitioner's applications numbers
2024/0123/13/006040, 2024/0123/13/006041, 2024/0123/13/006043, 2024/0123/13/006045, 2024/0123/13/006047 and 2024/0123/13/006048 dated 13.09.2024 within the time to be stipulated by this Court. For Petitioner :
Mr.M.Kaliraj For Respondents :
Mr.D.S.Nedunchezhian Government Advocate
ORDER
Seeking a mandamus to the respondents to survey his properties comprised in S.Nos.350/2, 357/2, 358/1A, 359/2, 359/5 and 364/4 measuring a total extent of 20.07 Acres situate at Paraipatti Village, Athoor Taluk, Dindigul District in Patta Nos.2442 and 2443 and to demarcate the four boundaries and give report by considering his applications, the petitioner is before this Court.
2. The case of the petitioner is that he is the absolute owner of S.Nos.350/2, 357/2, 358/1A, 359/2, 359/5 and 364/4 measuring total extent of 20.07 Acres situate at Paraipatti Village, Athoor Taluk, Dindigul District. He would submit that he purchased the above properties by way
of registered sale deeds dated 28.07.2010. The patta for the above said properties also mutated in favour of the petitioner and he is enjoying the same without any hindrance and is doing agricultural activities. While so, the petitioner made applications through online before the second respondent to demarcate and survey his land on 13.09.2024 along with requisite fee in the form of challan. Further, he has also made a representation before the second respondent on the very same day in person. But till date, there is no response from the respondents to demarcate the petitioner's properties. Therefore, the present writ petition.
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 representations as early as on 13.09.2024, 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. The aforesaid exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition is allowed. No costs.
24.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr
To 1.The District Collector, Dindigul District, Dindigul.
2.The Tahsildar, Athoor Taluk, Dindigul District.
3.The Taluk Surveyor, Athoor Taluk, Dindigul District.
P.T.ASHA, J.
abr Dated: 24.10.2024