Jaayapal, v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.Nos.3497, 3499, 3501, 3502 & 3503 of 2019

1. Jayapal

...Petitioner in WP.No.3497 of 2019

2. Periyasamy

...Petitioner in WP.No.3499 of 2019

3. Dhanalakshmi

...Petitioner in WP.No.3501 of 2019

4. K.Mani

...Petitioner in WP.No.3502 of 2019

5. M.Mallika

...Petitioner in WP.No.3503 of 2019

Vs.

1. The Tahsildar, Chinnasalem & Taluk,

2. The Inspector of Police, Chinnasalem Police Station,

...Respondents in all WPs

Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 1st respondent to survey the land with regard to the land in survey Nos.392/7, 393/10; 392/8, 393/11; 392/5, 393/8; 392/9, 393/12 and 392/6, 393/9 respectively, at Chinnasalem & Taluk, Villupuram District and demarcate the same and the 2nd respondent to provide adequate security for the purpose of Survey and demarcation of the land when the 1st respondent inspects the land for measuring within the time frame fixed by this Hon'ble Court. For Petitioner :

Mr.V.Gunasekar (in all Wps) For Respondents:

Mr.E.Balamurugan Special Government Pleader (R) (in all WPs)

C O M M O N O R D E R Mr.E.Balamurugan, learned Special Government Pleader takes notice for the respondents. By consent of the parties, these main writ petitions are taken up for final disposal at the admission stage itself.

2. The petitioners seek for a mandamus directing the first respondent to survey the land in survey Nos.392/7, 393/10, 392/8, 393/11, 392/5, 393/8, 392/9, 393/12, 392/6 & 393/9 respectively situated at Chinnasalem & Taluk, Villupuram District and demarcate the same and consequently, directing the 2nd respondent to provide adequate security for the purpose of Survey and demarcation of the land.

3. It is seen that the petitioners have made the applications dated 26.03.2015, 25.07.2016 and 04.07.2018 seeking for survey of their respective lands. The grievance of the petitioners before this Court, is that the said applications have not been considered by the first respondent so far.

4. This Court, at this stage, is not expressing any view on the claim made by the petitioners, as it is for the first respondent to consider and decide the same. Thus, this writ petition is disposed of, only with a direction to the first respondent to consider the applications of the petitioners dated 26.03.2015, 25.07.2016 and 04.07.2018 and pass orders on the same on merits and in accordance with law, after hearing the rival claimants, if any. Such exercise shall be done by the first respondent within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mk To

1. The Tahsildar, Chinnasalem & Taluk,

2. The Inspector of Police, Chinnasalem Police Station, +5cc to Mr.V.Gunasekar, Advocate Sr.10404, 10405, 10406, 10407,10408 +1cc to the Government Pleader sr.10798 and 10797 W.P.Nos.3497, 3499, 3501, 3502 & 3503 of 2019 ks[co] srg 6/3/2019