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Madras High CourtWP(MD)/25885/2024allowed

S. Parthiban 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 S.Parthiban .. Petitioner Vs.

1.The District Collector, O/o District Collector, Madurai Road, Theni, Theni District.

2.The Revenue Divisional Officer/Sub-Collector, Periyakulam, Periyakulam Taluk, Theni District.

3.The Tahsildar, Tahsildar Office, Theni, Theni District.

4.The Head Surveyor, Tahsildar Office, Theni, Theni District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the 3rd and 4th respondent to survey the petitioner's land in Patta No.2870 survey No.

423/A measuring to an extent of nearly 1022.625 Sq.ft out of 33 cents situated at Thiruchendur Village, Veerapandi Post, Theni Taluk of Theni District based on his representation, dated 08.08.2024. For Petitioner :

M/s.K.Safar Hadhusha For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus to the 3rd and 4th respondent to survey the petitioner's land in Patta No.2870 survey No. 423/A measuring to an extent of nearly 1022.625 Sq.ft out of 33 cents situated at Thiruchendur Village, Veerapandi Post, Theni Taluk of Theni District based on his representation, dated 08.08.2024.

2. The case of the petitioner is that the petition mentioned property was purchased by the petitioner and his wife from one K.Amulraj on 23.06.2023. On 07.06.2024, the petitioner had made an application and has also paid necessary fee for conducting survey in the said property. Since no further action has been taken on the side of the respondents, the petitioner and his wife had sent another representation on 08.08.2024.

Since the representation did not evoke any response, 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 in June, 2024, a Mandamus is issued to the respondents to conduct survey and mark the boundaries in 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 demarcating 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 eight (8) weeks from the date of receipt of a copy of this order.

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

29.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, O/o District Collector, Madurai Road, Theni, Theni District.

2.The Revenue Divisional Officer/Sub-Collector, Periyakulam, Periyakulam Taluk, Theni District.

3.The Tahsildar, Tahsildar Office, Theni, Theni District.

4.The Head Surveyor, Tahsildar Office, Theni, Theni District.

P.T.ASHA, J.

gbg 29.10.2024