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Madras High Court

Mohamed Faizal vs The District Collector on 29 November, 2024

Author: P.T. Asha

Bench: P.T. Asha

                                                                          W.P.No.35409 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                              DATED : 29.11.2024

                                                     CORAM

                                    THE HONOURABLE Ms. JUSTICE P.T. ASHA

                                              W.P.No.35409 of 2024

                   Mohamed Faizal                                           ... Petitioner
                                                         Vs.

                   1.The District Collector
                   Office Of The Collectorate,
                   Mayiladuthurai-609 001

                   2.The Thasildar
                   Mayiladuthurai Taluk,
                   Mayiladuthurai-609 001

                   3.The Taluk Frika Surveyor
                   Mayiladuthurai Taluk Office,
                    Mayiladuthurai District-609001                          ...Respondents


                   Prayer:- Writ petition filed under Article 226 of the Constitution of India

                   praying for issuance of a writ of Mandamus, directing the 2nd and 3rd

                   respondents to consider the petitioners representation dated 2.11.2014

                   made for to survey of his patta lands, in Patta No.6145 in survey

                   Nos.174/1A1 admeasuring 0.12.0 Ares (30 cents) and Patta No.6147 in

                   survey No.174/1B1 admeasuring 0.12.0 Ares(29.1/3 cents)situated at

                   Uluthukuppai village, Mayiladuthurai Taluk, Mayiladuthurai based on the

                   1/5
https://www.mhc.tn.gov.in/judis
                                                                           W.P.No.35409 of 2024

                   petitioners application No.2024/0123/38/001483 dated 28.9.2024 within

                   stipulated time.

                                  For Petitioner     : M/s.K.Kalimuthu

                                  For Respondents    : M/s.G.Velu, AGP for R.1 to R.2.

                                                     ORDER

The above Writ Petition has been filed to direct the 2nd and the 3rd respondents to consider the petitioner's representation dated 02.11.2014 made for to survey of his patta lands, in Patta No.6145 in survey Nos.174/1A1 admeasuring 0.12.0 Ares (30 cents) and Patta No.6147 in survey No.174/1B1 admeasuring 0.12.0 Ares(29.1/3 cents) situate at Uluthukuppai village, Mayiladuthurai Taluk, Mayiladuthurai based on the petitioner's application No.2024/0123/38/001483 dated 28.09.2024.

2. The grievance of the petitioner is that despite making the representation on 02.11.2024, the 2nd respondent has not taken any steps to survey the land in question.

3. Heard the learned counsels on the either side and perused the records.

2/5 https://www.mhc.tn.gov.in/judis W.P.No.35409 of 2024

4. Considering the facts and circumstances of the case, the 2nd respondent is directed to consider the petitioner's representation and conduct survey of the subject property. The petitioner shall submit all the relevant records to show his title to the property and the 2nd respondent 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 said exercise shall be completed within a period of 6 weeks from the date of receipt of a copy of this order.

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

29.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No Neutral Citation : Yes/No 3/5 https://www.mhc.tn.gov.in/judis W.P.No.35409 of 2024 To

1.The District Collector Office Of The Collectorate, Mayiladuthurai-609 001

2.The Thasildar Mayiladuthurai Taluk, Mayiladuthurai-609 001

3.The Taluk Frika Surveyor Mayiladuthurai Taluk Office, Mayiladuthurai District-609001 4/5 https://www.mhc.tn.gov.in/judis W.P.No.35409 of 2024 P.T. ASHA. J., (shr) W.P.No.35409 of 2024 29.11.2024 5/5 https://www.mhc.tn.gov.in/judis