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Madras High Court

A.Rajaraman vs The District Collector on 11 July, 2024

Author: J.Sathya Narayana Prasad

Bench: J.Sathya Narayana Prasad

                                                                                      W.P.No.29833 of 2019

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 11.07.2024

                                                           CORAM :

                      THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD

                                                       W.P.No.29833 of 2019

                    A.Rajaraman                                               ... Petitioner

                                                               Vs.

                    1.The District Collector,
                      Cuddalore District, Cuddalore.

                    2.The Tahsildar,
                      Panruti Taluk Office,
                      Panruti, Cuddalore District.                            ... Respondents


                    Prayer: Writ Petition filed under Article 226 of the Constitution of India,
                    for issuance of a Writ of Mandamus, to direct the second respondent to
                    make measurement of the petitioner's land pertaining to the Survey
                    Nos.222/1, 221/4, 221/5, 123/5, 223/1, 223/2, 129/5 and 129/6, coming
                    under Cuddalore Registration District, Nellikuppam Sub-Registration
                    Office, Annagrammam Panchayat Union, Perumal Naicken Palayam,
                    Panruti, Cuddalore District.


                                      For Petitioner       : Mr.R.Naresh Kumar

                                      For Respondents : M/s.R.L.Karthika
                                                        Government Advocate



                    ____________
                    Page No. 1 of 6
https://www.mhc.tn.gov.in/judis
                                                                                 W.P.No.29833 of 2019

                                                     ORDER

This Writ Petition has been filed seeking for issuance of a mandamus, to direct the second respondent to make measurement of the petitioner's land pertaining to the Survey Nos.222/1, 221/4, 221/5, 123/5, 223/1, 223/2, 129/5 and 129/6, coming under Cuddalore Registration District, Nellikuppam Sub-Registration Office, Annagrammam Panchayat Union, Perumal Naicken Palayam, Panruti, Cuddalore District.

2. It is represented that Mr.P.Gurunathan, learned counsel on record is appointed as Additional Government Pleader and he is not any more appearing for the petitioner in this case. Hence, Mr.R.Naresh Kumar, learned counsel appears for the petitioner.

3. The case of the petitioner is that he is the owner of the subject property and the same was alienated in his favour by four persons namely Hathunbee, Sythunnisha Begum, A.Mohammed Raffiq and Zakkiria Begum through a Registered Sale Deed No.2447 dated 22.11.2018 and the same was pending on the file of the Sub-Registrar Office, Nellikuppam, Cuddalore District. After alienation of the property, the petitioner's name ____________ Page No. 2 of 6 https://www.mhc.tn.gov.in/judis W.P.No.29833 of 2019 was recorded in all the revenue records. Claiming about boundaries of the land by the adjacent land owner and to avoid the unwanted problems with the adjacent land owner, the petitioner sent a representation dated 08.04.2019 to the second respondent to make measurement of his land. Since, the petitioner has paid the measurement fees and also complied with all the conditions imposed by the second respondent, till date, no steps have been taken in this regard. Hence the writ petition.

4. Learned counsel appearing for the petitioner submitted that the petitioner has paid the required fee of Rs.120/- for measuring and surveying the land on 08.04.2019 and also submitted the challan receipt in the typed set of papers.

5. Learned Government Advocate appearing for the respondents submitted that now all the applications have to be filed only through online and if the petitioner files a fresh application with the required fees, the land will be surveyed and measured by the second respondent.

6. In view of the above, the following order is passed:-

____________ Page No. 3 of 6 https://www.mhc.tn.gov.in/judis W.P.No.29833 of 2019 i. The petitioner is directed to file a fresh online application for surveying and measuring his land with the required fees to be paid by the petitioner.
ii. On receipt of the same, the second respondent is directed to make measurement of the petitioner's land after giving due notice to the petitioner, fixing the date of inspection and survey. iii. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

7. This Writ Petition is disposed of with the above directions. No costs.

11.07.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation : Yes/No arb To

1.The District Collector, ____________ Page No. 4 of 6 https://www.mhc.tn.gov.in/judis W.P.No.29833 of 2019 Cuddalore District, Cuddalore.

2.The Tahsildar, Panruti Taluk Office, Panruti, Cuddalore District.

J.SATHYA NARAYANA PRASAD, J.

arb ____________ Page No. 5 of 6 https://www.mhc.tn.gov.in/judis W.P.No.29833 of 2019 W.P.No.29833 of 2019 11.07.2024 ____________ Page No. 6 of 6 https://www.mhc.tn.gov.in/judis