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Madras High CourtWP/166/2023disposed of

Seenivasan v. The Tahsildar

2023-01-05Honourable Mr Justice R. Suresh Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.166 of 2023 Seenivasan ... Petitioner -Vs1. The Tahsildar, Soolagiri Taluk, Krishnagiri District.

2. The Head Surveyor, Taluk Office, Soolagiri, Krishnagiri District.

3. Krishnappa

4. Venkatesh

5. Kempayya ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents herein to survey / measure the petitioner's land measuring 1.05 acres in S.F.No.147/4A situate at Athimugam Village, Soolagiri Taluk, Krishnagir District by considering his E Challan dated 01.09.2022 and the representation dated 05.12.2022 within a stipulated time. For Petitioner : Mr.K.Govi Ganesan For Respondents : Mrs.Akila Rajendran Government Advocate [R1 & R2] 1/5

ORDER

The prayer sought for herein is for a writ of mandamus directing the first and second respondents herein to survey / measure the petitioner's land measuring 1.05 acres in S.F.No.147/4A situate at Athimugam Village, Soolagiri Taluk, Krishnagir District by considering his E Challan dated 01.09.2022 and the representation dated 05.12.2022 within a stipulated time.

2. In order to survey the land of the petitioner situated at Athimugam Village, Soolagiri Taluk, Krishnagir District at S.No.147/4A, the petitioner has given a representation on 05.12.2022, prior to which on 01.09.2022, the petitioner has paid the necessary fee to the official respondents. Despite the same, since the representation of the petitioner has not been considered, he has moved the present writ petition with the aforesaid prayer.

3. Heard Mr.K.Govi Ganesan, learned counsel appearing for the petitioner and Mrs.Akila Rajendran, learned Government Advocate appearing for the respondents 1 and 2.

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4. In view of the order going to be passed, notice to the private respondents is hereby dispensed with.

5. Learned Government Advocate appearing for the respondents 1 and 2 would submit that the said application made by the petitioner along with necessary fee paid by him would be taken into account and the needful would be undertaken by the respondents 1 and 2 after giving an opportunity of being heard to both the petitioner as well as the private respondents herein within a time frame that may be stipulated by this Court.

6. Considering the said submission made by the official respondents and having taken note of the aforesaid factual matrix of the case, this Court is inclined to dispose of this writ petition with the following order:

That there shall be a direction to the first and second respondents to consider the representation of the petitioner dated 05.12.2022 along with fee paid on 01.09.2022 and do the needful as prayed therein of-course in the presence of the 3/5

petitioner as well as the private respondents to whom notices have to be given by the first and second respondents and the needful should be undertaken by the first and second respondents within a period of eight(8) weeks from the date of receipt of a copy of this order.

With this direction, this writ petition is disposed of. No costs. 05.01.2023 Index : Yes/No Speaking order: Yes/No mp To

1. The Tahsildar, Soolagiri Taluk, Krishnagiri District.

2. The Head Surveyor, Taluk Office, Soolagiri, Krishnagiri District.

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R. SURESH KUMAR, J.

mp Writ Petition No.166 of 2023 05.01.2023 5/5