← Library
Madras High CourtWP/6092/2024disposed of

Gunasekaran v. The Tahsildar

2024-03-07Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.No.6737 of 2024

1. Gunasekaran

2. Selvaraj ... Petitioners Vs.

1. The Tahsildar, Sankarapuram Taluk, Kallakurichi District.

2. The Taluk Surveyor, Sankarapuram Taluk, Kallakurichi District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey the land to an extent of 2 acres comprised in Survey No.166/1 situated at Aththiyur Village, Sankarapuram Taluk, Kallakurichi District and to issue individual patta to the petitioners within the time to be stipulated by this Court based on the representation dated 18.08.2022.

For Petitioner : Mr.R.Bharath Kumar For Respondents : Mr.T.Arunkumar Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents to survey the land to an extent of 2 acres comprised in Survey No.166/1 situated at Aththiyur Village, Sankarapuram Taluk, Kallakurichi District and to issue individual patta to the petitioners based on the representation dated 18.08.2022.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents and perused the materials available on record.

3. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the first respondent to consider the petitioner's representation dated 18.08.2022, if the petitioner is otherwise eligible and after issuing notice to the petitioner, adjacent land

owners of the four boundaries of the subject property/interested parties/rival claimants/objectors if any, as the case may be, if already not issued and conduct enquiry in the manner known to law, if already not conducted. After issuing notice and conducting enquiry, in case, if the first respondent comes to the conclusion that the petitioner is otherwise eligible or entitled, the first respondent is directed to conduct survey with the help of the second respondent, if already not conducted and pass orders on merits and in accordance with law, if already not passed. The abovesaid exercise shall be completed within a period of three months.

4. With the abovesaid direction, The Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition in W.M.P.No.6737 of 2024 is ordered on payment of separate court fees by each of the petitioners. 07.03.2024 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Tahsildar, Sankarapuram Taluk, Kallakurichi District.

2. The Taluk Surveyor, Sankarapuram Taluk, Kallakurichi District.

P.VELMURUGAN, J.

mfa and W.M.P.No.6737 of 2024 07.03.2024