P.Dhilipan v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN P.Dhilipan ... Petitioner Vs.

1. The Tahsildar Office of Tahsildar, Edapadi, Edapadi, Salem District

2. The Taluk Surveyor Edapadi, Salem District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to survey the property comprised in Old SF.No.16, 17/2 (Old SF No.447/2B2) at avaniperur Melmugam Village at Edapadi Taluk, Salem District by considering the representation of the petitioner herein dated 14.11.2023 within a reasonable time.

For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.R.Vigneshwaran Government Advocate 1/5

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the respondents herein to survey the property comprised in Old SF.No.16, 17/2 (Old SF No.447/2B2) at avaniperur Melmugam Village at Edapadi Taluk, Salem District by considering the representation of the petitioner herein dated 14.11.2023 within a reasonable time.

2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the respondents to consider the petitioner's representation dated 14.11.2023 within a stipulated time as may be fixed by this Court.

3. Mr.R.Vigneshwaran, learned Government Advocate takes notice for the respondents.

4. It is to be noted that this Court, in W.P.No.262 of 2018 (D.Tulasi vs. The District Revenue Officer, Dharmapuri etc. and batch), by order dated 09.06.2023, directed the Department to issue circular in regard to disposal of the application/petition/revision/appeals and etc., within time limit and obey the Court orders and in that regard, the Commissioner of Land Administration has also issued a circular No.R1/2005632/2022 dated 17.07.2023 as to how the matters have to be dealt with and within the period 2/5

of which, the matters have to be disposed of has been fixed in the circular and inspite of the same, the Departments are not following either the order of this Court or the circular.

5. Since this writ petition is filed seeking a simple writ of mandamus to consider the representation, this Court without expressing any opinion with regard to the merits of the case, directs the respondents to consider the representation of the petitioner dated 14.11.2023 and issue notice to the petitioner, adjacent land owners of the four boundaries of the subject property and interested parties/rival claimants/objectors if any as the case may and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law within the time stipulated in the said circular, from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 31.01.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The Tahsildar Office of Tahsildar, Edapadi, Edapadi, Salem District

2. The Taluk Surveyor Edapadi, Salem District 4/5

P.VELMURUGAN. J.

Ksa-2 31.01.2024 5/5