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Madras High CourtWP/4717/2024disposed of

M.Munusamy v. The Tahsildar (Salem Taluk)

2024-02-27Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.02.2024 Coram:

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

of 2024 M.Munusamy ... Petitioner Vs.

1. The Tahsildar (Salem Taluk) Office of the Salem Taluk Near A.T.C. Depot, Manakkadu Hasthampatty, Salem District

2. The Head Surveyor Office of the Salem Taluk Near A.T.C. Depot, Manakkadu Hasthampatty, Salem District

3. The Town Surveyor (Land) Office of the Salem Taluk Near A.T.C. Depot, Manakkadu Hasthampatty, Salem District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus directing the respondents to consider the petitioner's application dated 29.01.2024 in order to measure the land to an extent of 68 cents, comprised in New Survey No.55/3B1A1 (Old Survey No.55/3B), situated at Valasaiyur Village, Salem Taluk, Salem District by furnishing the Survey Report thereby fixing boundaries within a stipulated time fixed by this Court.

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For Petitioner : Mr.B.Keerthivasan and M/s.V.Keerthanaa for M/s.Law Vision For Respondents : Mr.T.Arun Kumar Additional Government Pleader

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents to consider the petitioner's application dated 29.01.2024 in order to measure the land to an extent of 68 cents, comprised in New Survey No.55/3B1A1 (Old Survey No.55/3B), situated at Valasaiyur Village, Salem Taluk, Salem District by furnishing the Survey Report thereby fixing boundaries within a stipulated time as may be fixed by this Court.

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 application dated 29.01.2024 within a stipulated time as may be fixed by this Court.

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 this writ petition is filed seeking a simple writ of mandamus to consider the petitioner's application, this Court without expressing any opinion with regard to the merits of the case, directs the 1st respondent to consider the petitioner's application dated 29.01.2024 and issue notice to the petitioner and to the adjacent land owners of the four boundaries of the subject property and also to the interested parties/rival claimants/objectors if any, as the case may be and conduct enquiry in the manner known to law 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.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 27.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The Tahsildar (Salem Taluk) Office of the Salem Taluk Near A.T.C. Depot, Manakkadu Hasthampatty, Salem District

2. The Head Surveyor Office of the Salem Taluk Near A.T.C. Depot, Manakkadu Hasthampatty, Salem District

3. The Town Surveyor (Land) Office of the Salem Taluk Near A.T.C. Depot, Manakkadu Hasthampatty, Salem District 4/5

P.VELMURUGAN. J.

Ksa-2 W.P. No.

of 2024 27.02.2024 5/5