Madras High CourtWP/4901/2024disposed of

Madhu v. The Tahsildar

2024-02-28Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Madhu ... Petitioner versus The Tahsildar, Dharmapuri Taluk, Dharmapuri District.

.....Respondent Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to survey the land measuring an extent of 35 1⁄2 cents in S.No.263/1B and land measuring 4 3⁄4 cents in S.No.263/3 totally 40 1⁄2 cents, Adagapadi Revenue Village, Dharmapuri Taluk and Dharmapuri District, by considering the petitioner's online application dated 03.11.2023.

For Petitioner :

Mr.A.Ilayaperumal For Respondent :

Mr.T.Arun Kumar Additional Government Pleader Pg.Nos.1/4

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for the respondent. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner has made an online application to the respondent on 03.11.2023, seeking to survey the lands measuring to an extent of 35 1⁄2 cents in S.No.263/1B and land measuring 4 3⁄4 cents in S.No.263/3 totally 40 1⁄2 cents, Adagapadi Revenue Village, Dharmapuri Taluk and Dharmapuri District. Since there was no response from the respondent till date, the present writ petition has been filed.

3. Heard both sides.

4. 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 respondent to consider the online application of the petitioner dated 03.11.2023, and pass appropriate orders by conducting survey in the subject lands, after Pg.Nos.2/4

receipt of the cost of the survey from the petitioner, if not already received, and after giving due opportunity of hearing to the petitioner as well as rival claimants/interested parties/objectors/adjacent owners/aggrieved parties if any, as the case may be, if the representation of the petitioner is otherwise in order. Such exercise shall be completed within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.

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

28.02.2024 Index: Yes/No Speaking Order : Yes/No ms To The Tahsildar, Dharmapuri Taluk, Dharmapuri District.

Pg.Nos.3/4

P.VELMURUGAN, J.

ms 28.02.2024 Pg.Nos.4/4