Jayaraman v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Jayaraman ... Petitioner versus 1.The Thasildar, Uthiramerur Taluk, Kancheepuram District.

2.Kothandam 3.The Inspector of Police, Uthiramerur Police Station, Uthiramerur, Kancheepuram.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the first respondent to consider and dispose the petitioner's application dated 22.06.2023 vide Challan No. 20230622014985 for conduct survey and fix four boundaries of the petitioner property situated at Kancheepuram District, Uthiramerur taluk, Marudham Village, bearing Patta No. 227, comprised in S.No. 464/1B2 Old S.No. 464/1 and 96/20A measuring an extent of 1090 sq.ft with aid of 4th respondent.

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For Petitioner :

Mr.P.Arunkumar For Respondents :

Mr.T.Arun Kumar Additional Government Pleader for R1 Mr.S.Sugendran Additional Public Prosecutor for R3

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for the first respondent and Mr.S.Sugendran, learned Additional Public Prosecutor appears on behalf of the third respondent.

2. Since this writ petition is being disposed of without passing any adverse orders against the second respondent, affecting his interest, notice to the second respondent is dispensed with.

3. As this Court is of the view that the third respondent is not a necessary party, this Writ Petition is dismissed as against the third respondent.

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4. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the first respondent to consider and dispose of the petitioner's application dated 22.06.2023 vide Challan No. 20230622014985, in and by which, the petitioner sought to conduct survey and fix four boundaries of his property situated at Kancheepuram District, Uthiramerur Taluk, Marudham Village, bearing Patta No. 227, comprised in S.No.464/1B2 Old S.Nos.x464/1 and 96/20A, measuring an extent of 1090 sq.ft., with the aid of third respondent herein.

5. The main grievance of the petitioner is that even though an application has been made on 22.06.2023, by remitting requisite fees through E-challan, till date, the first respondent has not taken any action on the said application.

6. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the first respondent and perused the materials available on record.

7. Since this writ petition is filed for Mandamus simpliciter, to direct Pg.Nos.3/6

the first respondent 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 first respondent to consider the application of the petitioner, after issuing notice to the petitioner and the second respondent herein as well as rival claimants/interested parties/objectors/aggrieved parties/ adjacent owners of the four boundaries of the subject land if any, as the case may be, after conducting enquiry into the matter and pass appropriate orders on merits and in accordance with law. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

8. With the above directions, the writ petition is disposed of. However, there shall be no order as to costs.

01.03.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.4/6

To 1.The Thasildar, Uthiramerur Taluk, Kancheepuram District.

2.The Inspector of Police, Uthiramerur Police Station, Uthiramerur, Kancheepuram.

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P.VELMURUGAN, J.

ms 01.03.2024 Pg.Nos.6/6