← Library
Madras High CourtWP/4665/2024disposed of

Santhosh Kumar v. The Tasildar

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 and W.M.P.No.5096 of 2024 1.Santosh Kumar 2.Arjun Singh 3.Mukesh Kumar ... Petitioners versus The Tahsildhar, Thirvottiyur Taluk, Chennai - 600 019.

.....Respondent Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to survey, measure and demarcate the lands of the petitioners in Subam Nagar Theeambakkam Village, Madhvaram Taluk, Thiruvallur District with S.No.138/1A1A1A1 A1B measuring to an extent of 08.10 acres within a time period stipulated by this Court.

For Petitioners :

Mr.Shanmitha.S For Respondent :

Mr.T.Arun Kumar Pg.Nos.1/5

Additional Government Pleader

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for the respondent. 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, to direct the respondent to survey, measure and demarcate the lands of the petitioners' in Subam Nagar Theeambakkam Village, Madhvaram Taluk, Thiruvallur District comprised in S.No.138/1A1A1A1 A1B, measuring an extent of 08.10 acres.

3. The learned counsel for the petitioners submitted that the petitioners have given a representation to the respondent herein on 21.12.2023, seeking to survey, measure and demarcate the subject property. Since there was no response from the respondent, the petitioners have given Pg.Nos.2/5

another representation on 07.02.2024, by remitting requisite fees through echallan. However, since no fruitful orders are forthcoming, the petitioners are constrained to file the present writ petition.

4. Heard both sides.

5. Since this Writ Petition is only for a mandamus simpliciter to consider the representation of the petitioners, this Court, without expressing any view or opinion with regard to the merits of the case, directs the respondent to consider the representations of the petitioners dated 21.12.2023 and 07.02.2024, and pass appropriate orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioners as well as the rival claimants/interested parties/objectors/ aggrieved parties/adjacent owners if any, as the case may be. Such exercise shall be completed within the stipulated time as prescribed in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.

Pg.Nos.3/5

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

7. W.M.P.No.5096 of 2024 is ordered on payment of separate Court fees by each of the petitioners.

26.02.2024 Index: Yes/No Speaking Order : Yes/No ms To The Tahsildhar, Thirvottiyur Taluk, Chennai - 600 019.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 26.02.2024 Pg.Nos.5/5