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Madras High CourtWP/932/2024disposed of with direction

S.Madheswaran v. The Assistant Director

2024-01-18Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN S.Madheswararn ... Petitioner Vs.

1. The Assistant Director, Land Survey Department, Kallakurichi District 606 202.

2.The Tashildar, Chinnasalem Taluk - 606 201, Kallakurichi District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the petitioner's application dated 16.02.2023 and 21.12.2023 and consequently direct the respondents to survey the petitioner's properties bearing S.No.369/4A2 and S.No.369/4C in Katchirapalayam village, Kallakurichi District and issue separate patta to him. For Petitioner : Mr.S.N.Subramani For Respondents : Ms.Akila Rajendran Government Advocate

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's application dated 16.02.2023 and 21.12.2023 and consequently direct the respondents to survey the petitioner's properties bearing S.No.369/4A2 and S.No.369/4C in Katchirapalayam village, Kallakurichi District and issue separate patta to him.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents.

3. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents to consider the petitioner's applications dated 16.02.2023 and 21.12.2023 and conduct enquiry after issuing notice and giving opportunity of hearing to the petitioner, adjacent land owners of four boundaries of the subject

property and interested parties/rival claimants/objectors if any, as the case may be and pass orders on merits and in accordance with law. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

4. With the abovesaid direction, The Writ Petition is disposed of. There shall be no order as to costs.

5. List the matter on 20.03.2024 "for reporting compliance". 18.01.2024 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Assistant Director, Land Survey Department, Kallakurichi District 606 201.

2.The Tashildar, Chinnasalem Taluk - 606 201, Kallakurichi District.

P.VELMURUGAN, J.

mfa 18.01.2024