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Madras High CourtWP/5997/2024disposed of

Ganesan Ramaswamy v. The Tahsildar

2024-03-08Honourable Mr Justice P. Velmurugan7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Ganesan Ramasamy ... Petitioner Vs.

1 The Tahsildar, Pappireddipatti Taluk Office, Pappireddipatti Taluk, Dharmapuri District, 636 905.

2 The Head Surveyor, Pappireddipatti Taluk Office, Pappireddipatti Taluk, Dharmapuri District. 636 701.

3 The Firka Surveyor, Pappireddipatti Taluk Office, Pappireddipatti Taluk, Dharmapuri District. 636 701.

4 The Village Administrative Officer, Erumiyampatti Revenue Village, Pappireddipatti Taluk, Dharmapuri District 636 701.

5 The Inspector of Police,

Gobinathampatti Police Station, Pappireddipatti Taluk, Dharmapuri District.

636 701.

6 V.Vellaiyan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the Respondents No 1 to 4 herein to conduct the survey of the subject Lands of the Petitioner i.e Manavari Punjai Land Comprised in Erumiyampatti Revenue Village Survey No. 46/1C2 and 46/9A in the Erumiyampatti Revenue village in the Pappireddipatti taluk of the Dharmapuri district as per the Registered Partition Deed No. 1481 of 2009 dated 13.04.2009 on the file of the Sub Registrar at Harur with the adequate aid of the 5th Respondent related to police protection and to fix the boundary stones in the Subject Lands based on the survey application of the petitioner dated 07.01.2024 within the stipulated time.

For Petitioner : Mr.D.Senthilkumar For R1 to R4 : Mr.A.Selvendran Special Government Pleader For R5 : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents 1 to 4 herein, to conduct survey for the subject lands of the Petitioner i.e Manavari Punjai Land Comprised in Erumiyampatti Revenue Village, Survey No. 46/1C2 and 46/9A in the Erumiyampatti Revenue village in the Pappireddipatti taluk of the Dharmapuri district as per the Registered Partition Deed No. 1481 of 2009 dated 13.04.2009 on the file of the Sub Registrar at Harur with the adequate aid of the fifth respondent related to police protection and to fix the boundary stones in the subject lands based on the survey application of the petitioner dated 07.01.2024 within the stipulated time.

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

3. Since no adverse order is passed against the private respondent, notice to the private respondent/R6 is dispensed with.

4. Since the fifth respondent is nothing to do with the subject

matter of the writ petition, the Writ Petition is dismissed with regard to fifth respondent with costs.

5. It is submitted by the learned Special Government Pleader that notice has been issued to the petitioner and owners of the four boundaries of the subject land and the survey is scheduled to be conducted on 13.03.2024.

6. 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 official respondents 1 to 4 to consider the petitioner's application dated 07.01.2024 and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

7. With the abovesaid direction, the Writ Petition is disposed of

insofar as the respondents 1 to 4 are concerned and there shall be no order as to costs.

8. As stated above, the Writ Petition is dismissed as against the fifth respondent with costs.

08.03.2024 mfa Index:Yes/No Speaking Order: Yes/No

To 1 The Tahsildar, Pappireddipatti Taluk Office, Pappireddipatti Taluk, Dharmapuri District.

2 The Head Surveyor, Pappireddipatti Taluk Office, Pappireddipatti Taluk, Dharmapuri District. 636 701.

3 The Firka Surveyor, Pappireddipatti Taluk Office, Pappireddipatti Taluk, Dharmapuri District. 636 701.

4 The Village Administrative Officer, Erumiyampatti Revenue Village, Pappireddipatti Taluk, Dharmapuri District 636 701.

5 The Inspector of Police, Gobinathampatti Police Station, Pappireddipatti Taluk, Dharmapuri District. 636 701.

P.VELMURUGAN, J.

mfa 08.03.2024