Madras High CourtWP/4543/2024disposed of

Saraswathi v. The Tahsildar

2024-02-26Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Saraswathi ... Petitioner versus 1.The Tahsildar, Tiruppur North, Tiruppur.

2.The Inspector (Land Survey), Divisional Inspector Office, Tiruppur District.

3.The Taluk Assistant Inspector (Land Survey), Taluk Office, Tiruppur North Taluk, Tiruppur.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the third respondent to survey the petitioner's land in S.Nos.83/1A2, 83/1B2, 83/2A situated at Pongupalayam Village, Tiruppur North Taluk, Tiruppur District based upon her application Challan Number : 2024/0123/32/0002312 dated 09.01.2024. Pg.Nos.1/5

For Petitioner :

Mr.B.Thirumalai For Respondents :

Mr.T.Arun Kumar Additional Government Pleader

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for the respondents. With the consent of both parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for issuance of a writ of mandamus directing the third respondent to survey the petitioner's land in S.Nos.83/1A2, 83/1B2, 83/2A situated at Pongupalayam Village, Tiruppur North Taluk, Tiruppur District, by considering her application vide Challan Number : 2024/0123/32/0002312, dated 09.01.2024.

3. The main grievance of the petitioner is that even though she has made an online application, by paying requisite fees vide E-challan on Pg.Nos.2/5

09.01.2024, till date the respondents have not taken any action on the said application.

4.The learned Additional Government Pleader appearing for the respondents submitted that the petitioner has made the online application on 09.01.2024 and the same will be considered in the order of seniority.

5. Heard both sides.

6. Since this Writ Petition is only for a mandamus simpliciter to consider the application of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the respondents to consider the application of the petitioner dated 09.01.2024, and pass appropriate orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as the rival claimants/interested parties/objectors/adjacent owners of four boundaries of the subject property/aggrieved parties if any, as the case may be. Such exercise shall be completed within the stipulated time as prescribed in Pg.Nos.3/5

Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

26.02.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The Tahsildar, Tiruppur North, Tiruppur.

2.The Inspector (Land Survey), Divisional Inspector Office, Tiruppur District.

3.The Taluk Assistant Inspector (Land Survey), Taluk Office, Tiruppur North Taluk, Tiruppur.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 26.02.2024 Pg.Nos.5/5