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Madras High CourtWP/2986/2024disposed of

K.Rajarathinam v. The Tahsildar

2024-02-09Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN K.Rajarathinam ... Petitioner Vs.

1. The Tahsildar Omalur Taluk Tahsildar Office Salem - 636 455

2. The Taluk Surveyor Omalur Taluk Tahsildar Office Omalur Salem - 636 455 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 25.07.2023, 16.11.2023 and 04.11.2023 seeking to survey and fix the boundaries of the petitioner's land in S.F.No.123/1G to an extent of 0.84 acres in Karuppur Village, Omalur Taluk, Salem District on merits with the time limit fixed by this Court. For Petitioner : Mr.L.Mouli For Respondents : Mr.A.Selvendran Special Government Pleader 1/6

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 25.07.2023, 16.11.2023 and 04.11.2023 seeking to survey and fix the boundaries of the petitioner's land in S.F.No.123/1G to an extent of 0.84 acres in Karuppur Village, Omalur Taluk, Salem District on merits with the time limit fixed by this Court.

2. The learned counsel for the petitioner submitted that the petitioner made an application to survey his land originally on 25.07.2023 and also paid the requisite fees through online by e-Challan and since there was no communication, once again he made a fresh application on 04.11.2023 and again on 16.11.2023. But till now, he has not received any communication or symptoms to conduct survey. Therefore, the petitioner has approached this Court seeking appropriate direction to the respondents.

3. Mr.A.Selvendran, learned Special Government Pleader who takes notice for the respondents would submit the petitioner's applications would be followed and survey would be conducted if the petitioner is otherwise 2/6

eligible.

4. It is seen from the records that the petitioner has originally made an application to survey his land on 25.07.2023 and since it was not considered, he has made another application on 04.11.2023 and subsequently, on 16.11.2023. However, so far, the respondents have not conducted survey.

5. Since this Writ Petition is filed seeking a simple writ of mandamus, this Court without expressing any opinion with regard to the merits of the case, directs the respondents concerned to consider the petitioner's application dated 25.07.2023, 04.11.2023 and 16.11.2023 and issue notice to the petitioner and the adjacent land owners of the four boundaries of the subject property and also to the rival claimants/interested parties/objectors if any, as the case may be and conduct enquiry in the manner known to law and after affording opportunity to all the parties, pass orders on merits and in accordance with law if already not passed orders, within a period of two months from the date of receipt of a copy of this order. 3/6

6. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 09.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To

1. The Tahsildar Omalur Taluk Tahsildar Office Salem - 636 455

2. The Taluk Surveyor Omalur Taluk Tahsildar Office Omalur Salem - 636 455 5/6

P.VELMURUGAN. J.

Ksa-2 09.02.2024 6/6