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Madras High CourtWP/4762/2024disposed of

K.Vinoth Raj v. The Tahsildar

2024-02-27Honourable Mr Justice P. Velmurugan6 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 K.Vinoth Raj ... Petitioner Vs.

1. The Tahsildar Veppanthattai Taluk Office Veppanthattai Perambalur District

2. The Head Land Surveyor Veppanthattai Land Surveyor Office Veppanthattai Perambalur District

3. The Inspector of Police Mangalamedu Police Station Perambalur District

4. Chandraprakasam ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus directing the 1st and 2nd respondents to measure the land and fix boundaries and make sub division and issue a separate patta for the properties comprised in Survey No.258/1 to an extent of 0.14 Ares, Survey No.258/11B to an extent of 0.05 Ares, Survey No.258/2 to an extent of 1/6

0.19.5 Ares, totally to an extent of 0.38.5 Ares situated at Thevaiyur North Village, Veppanthattai Taluk, Perambalur District, with necessary police protection from 3rd respondent by considering the petitioner's applications dated 29.01.2024 and 31.01.2024 within a time limit to be stipulated by this Court.

For Petitioner : Mr.M.Vijayaraghavvan For R1 and R2 : Mr.S.J.Mohamed Sathik Government Advocate For R3 : Mr.S.Sugendran Additional Public Prosecutor

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the 1st and 2nd respondents to measure the land and fix boundaries and make sub division and issue a separate patta for the properties comprised in Survey No.258/1 to an extent of 0.14 Ares, Survey No.258/11B to an extent of 0.05 Ares, Survey No.258/2 to an extent of 0.19.5 Ares, totally to an extent of 0.38.5 Ares situated at Thevaiyur North Village, Veppanthattai Taluk, Perambalur District, with necessary police protection from 3rd respondent by considering the petitioner's applications dated 29.01.2024 and 31.01.2024 within a time limit to be stipulated by this Court. 2/6

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 applications dated 29.01.2024 and 31.01.2024 within a time frame as may be fixed by this Court.

3. Mr.S.J.Mohamed Sathik, learned Government Advocate takes notice for the respondents 1 and 2. Mr.S.Sugendran, learned Additional Public Prosecutor takes notice for the 3rd respondent/Police. Since no adverse order is being passed against the 4th respondent, notice to the 4th respondent is dispensed with.

4. The 3rd respondent/Police is nothing to do with the present Writ Petition. Therefore, the Writ Petition is dismissed insofar as the 3rd respondent/Police is concerned.

5. 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 representation, this Court without expressing any opinion with regard to the merits of the case, directs the 1st respondent to consider the petitioner's applications dated 29.01.2024 and 3/6

31.01.2024 and issue notice to the petitioner, 4th respondent herein, adjacent land owners of the four boundaries of the subject land 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.

6. With the above directions, this Writ Petition is disposed of at the admission stage itself insofar as the respondents 1, 2 and 4 are concerned. The Writ Petition is dismissed insofar as the 3rd respondent/police is concerned.

7. There shall be no order as to costs.

27.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To

1. The Tahsildar Veppanthattai Taluk Office Veppanthattai Perambalur District

2. The Head Land Surveyor Veppanthattai Land Surveyor Office Veppanthattai Perambalur District

3. The Inspector of Police Mangalamedu Police Station Perambalur District 5/6

P.VELMURUGAN. J.

Ksa-2 W.P. No.

of 2024 27.02.2024 6/6