Raji Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

Raji Vs the District Collector — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Mandamus-direction to the second respondent (Revenue Tashildar, Thalaivasal Taluk) to act upon the petitioner's survey/demarcation application, conduct the survey in line with the title deed and the decree in O.S.No.208 of 2002 within four (4) weeks, and thereafter consider the separate patta application and pass necessary orders within six (6) weeks; no costs.

Issue for consideration

Whether a writ of mandamus should issue directing the second respondent to deal with the petitioner's application dated 18.06.2024 for survey and demarcation of the subject property. +1 more

Court's answer

The second respondent is directed to act upon the petitioner's application and conduct the survey of the subject property in line with the title deed and the decree passed in the suit, completing the process within four (4) weeks from receipt of a copy of the order.

Ratio / Principle

After the survey, the application submitted by the petitioner seeking separate patta in her name shall also be considered and necessary orders passed within a period of six (6) weeks thereafter.

Key takeaways

The writ petition is disposed of with the above direction and with no costs.ratio¶30

Detailed headnote1 paragraphs

High Court of Judicature at Madras (N. Anand Venkatesh, J.), W.P. No.5723 of 2025, decided 24.02.2025 — Raji, tracing title through a registered sale deed dated 12.11.2001 and a decree in O.S.No.208 of 2002 (Additional District Munsif, Attur, dated 30.09.2021), sought a writ of mandamus under Article 226 to compel action on her application dated 18.06.2024 for survey and demarcation of S.No.83/5, Vadakumarai Village, Salem District (0.48 cents), and consideration of separate patta. The Court, noting the limited relief sought, directed the second respondent (Revenue Tashildar, Thalaivasal Taluk) to conduct the survey in line with the title deed and the suit decree within four (4) weeks, and to consider the separate patta application and pass orders within six (6) weeks thereafter. Petition disposed of with the above direction; no costs.

Writ Petition No.5723 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.02.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH

Writ Petition No.5723 of 2025

Raji

S/o.Arumugam ...Petitioner

Vs.

1.The District Collector, Salem District.

2.The Revenue Tashildar, Thalaivasal Taluk, Salem District. ... Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 15.10.2024 seeking to survey the property and issue separate patta to petitioner's property bearing S.No.83/5 in Vadakumarai Village, Salem District, admeasuring 0.48 cents agricultural land.

For Petitioner : Mr.S.N.Subramani

For Respondents : Mr.R.P.Murugan Raja Government Advocate

O R D E R

This writ petition has been filed seeking issuance of a writ of

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Writ Petition No.5723 of 2025

mandamus directing the second respondent to deal with the application submitted by the petitioner on 18.06.2024 wherein the petitioner is seeking for survey and demarcation of the subject property.

Heard Mr.S.N.Subramani, learned counsel for petitioner and Mr.R.P.Murugan Raja, learned Government Advocate appearing for respondents.

The petitioner is tracing title to the subject property through a registered sale deed dated 12.11.2001 and the subsequent suit that was decreed in O.S.No.208 of 2002 on the file of Additional District Munsif, Attur, dated 30.09.2021. The petitioner submitted an application seeking for survey of the property for demarcation of boundaries. Since the same was not acted upon, the present writ petition has been filed before this Court.

Taking into consideration the facts and circumstances of the case

and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to act upon the application submitted by the petitioner

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Writ Petition No.5723 of 2025

and conduct the survey in the subject property in line with the title deed and also the decree passed in the suit and complete the process within a period of four (4) weeks from the date of receipt of a copy of this order. After the survey, the application submitted by the petitioner seeking for separate patta in her name shall also be considered and necessary orders shall be passed within a period of six (6) weeks thereafter.

This writ petition is disposed of with the above direction. No costs.

24.02.2025

Neutral citation: Yes/No Index : Yes/No Speaking Order / Non Speaking Order gm

N. ANAND VENKATESH, J

gm

To

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Writ Petition No.5723 of 2025

1.The District Collector, Salem District.

2.The Revenue Tashildar, Thalaivasal Taluk, Salem District.

Writ Petition No.5723 of 2025

24.02.2025

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