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Madras High CourtWP/5578/2024disposed of

C.D.Meiyappan v. The Tahsildhar

2024-03-05Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.

of 2024 and W.M.P. No.6170 of 2024 C.D.Meiyappan ... Petitioner Vs.

1. The Tahsildar Pallavaram Taluk Office Pallavaram, Chennai - 600 044

2. The Head Surveyor Pallavaram Taluk Office Pallavaram, Chennai - 600 044

3. The Surveyor Pallavaram Taluk Office Pallavaram, Chennai - 600 044 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to consider the representation dated 11.02.2024, to survey and measure the petitioner's land situated at Chengalpattu District, in Survey No.399/2 measuring an extent of Acre 1.34 cents is within the Registration District of South Chennai and Sub Registration District of Pallavaram. 1/6

For Petitioner : M/s.Preethi Basker For Respondents : Mr.T.Arun Kumar Additional Government Pleader

ORDER

This Writ Petition is filed seeking to issue issue a Writ of Mandamus directing the 2nd respondent to consider the representation dated 11.02.2024, to survey and measure the petitioner's land situated at Chengalpattu District, in Survey No.399/2 measuring an extent of Acre 1.34 cents.

2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the 1st respondent to consider the petitioner's representation dated 11.02.2024.

3. Mr.T.Arun Kumar, learned Additional Government Pleader takes notice for the respondents.

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4. Having regard to the submissions made by the learned counsel on either side and since the Writ Petition is filed seeking a simple Writ of Mandamus to direct the respondents to consider the petitioner's representation, this Court without expressing any opinion with regard to the merits of the case, directs the 1st respondent to consider the petitioner's representation dated 11.02.2024 and issue notice to the petitioner, adjacent land owners of the four boundaries of the subject land and interested parties/rival claimants/objectors if any as the case may be and conduct enquiry in the manner known to law and if the 1st respondent finds that the petitioner is otherwise eligible/entitled, conduct survey and pass orders on merits and in accordance with law, within the time as prescribed in the circular No.R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration, from the date of receipt of a copy of this order.

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5. With the above directions, this Writ Petition is disposed of at the admission stage itself. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.

05.03.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To

1. The Tahsildar Pallavaram Taluk Office Pallavaram, Chennai - 600 044

2. The Head Surveyor Pallavaram Taluk Office Pallavaram, Chennai - 600 044

3. The Surveyor Pallavaram Taluk Office Pallavaram, Chennai - 600 044 5/6

P.VELMURUGAN. J.

Ksa-2 W.P. No.

of 2024 05.03.2024 6/6