← Library
Madras High CourtWP/5741/2023disposed of

Senthilkumar v. The Tahsildar

2023-02-27Honourable Mr Justice R. Suresh Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Senthilkumar ... Petitioner -Vs1. The Tahsildar, Perur Taluk, Coimbatore District.

2. The Taluk Surveyor, Perur Tahsildar Office, Coimbatore District.

3. The Inspector of Police, Perur Police Station, Coimbatore District.

4. Thangaraj ... Respondents Prayer : Writ Petitions under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 to survey the petitioner's property comprised in S.F.No.72/4, Perur Village, Coimbatore District by considering the petitioner's representation dated 19.01.2023 within a specific time frame as fixed by this Court.

1/5

For Petitioner : Mr.R.Kannan For Respondents : Mr.P.Sathish Additional Government Pleader [R1 to R3]

ORDER

The prayer sought for herein is for a writ mandamus directing the respondents 1 and 2 to survey the petitioner's property comprised in S.F.No.72/4, Perur Village, Coimbatore District by considering the petitioner's representation dated 19.01.2023.

2. In respect of the land at S.F.No.72/4 situated at Perur Village, Coimbatore District, the petitioner wanted to survey the property, therefore, he has given a representation to the first respondent Tahsildar on 19.01.2023 and on the same date, he has paid the necessary fee through on-line. Hence, in order to consider the said representation of the petitioner and to do the needful in the presence of the fourth respondent, who is the adjacent land owner to the petitioner, the petitioner has moved the present writ petition.

3. Heard Mr.R.Kannan, learned counsel appearing for the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents 1 to 3.

2/5

4. In view of the order going to be passed in this writ petition, notice to the fourth respondent is hereby dispensed with.

5. Learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the said representation submitted by the petitioner dated 19.01.2023 would be considered by the first respondent, of-course after giving notice to both the petitioner and the fourth respondent and if there is no objection from the fourth respondent, in the presence of both, the land in question would be measured and would be completed within a time frame that may be stipulated by this Court.

6. Having considered the said submission made by the learned Additional Government Pleader appearing for the official respondents, this Court passed the following orders:

That there shall be a direction to the first and second respondents to consider the application of the petitioner dated 19.01.2023 after giving notice to both the petitioner as well as the fourth respondent and the needful may be undertaken by the 3/5

first respondent in the presence of both by completing the survey within a period of eight(8) weeks from the date of receipt of a copy of this order.

With this direction, this writ petition is disposed of. No costs. 27.02.2023 Index : Yes/No Speaking order: Yes/No mp To

1. The Tahsildar, Perur Taluk, Coimbatore District.

2. The Taluk Surveyor, Perur Tahsildar Office, Coimbatore District.

3. The Inspector of Police, Perur Police Station, Coimbatore District.

4/5

R. SURESH KUMAR, J.

mp 27.02.2023 5/5