← Library
Madras High CourtWP/6209/2024disposed of

Janakiammal, v. The Tashildar,

2024-03-11Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Janakiammal ... Petitioner versus 1.The Tahsildar, Pollachi Taluk, Coimbatore District.

2.The Taluk Surveyor, Pollachi Taluk, Coimbatore District.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to survey the petitioner's lands by considering the petitioner's application dated 06.07.2023 and representation dated 19.07.2023. Page Nos.1/6

For Petitioner :

Mr.N.Ponraj For Respondents :

Mr.A.Selvendran Special Government Pleader

O R D E R

Mr.A.Selvendran, learned Special Government Pleader accepts notice for the respondents. With the consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the respondents to consider the petitioner's application dated 06.07.2023 and subsequent representation dated 19.07.2023, in and by which, the petitioner sought to survey the lands (i) measuring an extent of 3.98 acres in S.F.No.31/5 in Bodipalayam Village, Pollachi Taluk, Coimbatore District; (ii) measuring an extent of 3.18 acres in S.F.No.31/2 in Bodipalayam Village, Pollachi Taluk, Coimbatore District; and (iii) measuring an extent of 0.28 cents in S.F.No.1/3A in Kulathur Village, respectively.

Page Nos.2/6

3.The learned counsel for the petitioner submitted that the petitioner has made online application to the respondents, seeking to conduct survey in respect of the subject properties, by paying requisite fees through E-challan dated 06.07.2023. Since there was no response from the respondents, the petitioner has given a representation to the respondents on 19.07.2023. However, since no fruitful orders are forthcoming, the petitioner is constrained to file the present writ petition.

4. The learned Special Government Pleader appearing for the respondents submitted that the petitioner's application would be considered on merits and in accordance with law.

5. Heard both sides and perused the materials available on record.

6. Since this writ petition is filed for Mandamus simpliciter, to direct the respondents to consider the application/representation of the petitioner, this Court, without expressing any view or opinion with regard to the merits Page Nos.3/6

of the case, directs the first respondent to consider the application of the petitioner dated 06.07.2023 and representation dated 19.07.2023 and pass appropriate orders by conducting survey in the subject lands, after 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/aggrieved parties/adjacent owners if any, as the case may be, if the application of the petitioner is otherwise in order. Such exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order.

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

11.03.2024 Index: Yes/No Speaking Order : Yes/No ms Page Nos.4/6

To 1.The Tahsildar, Pollachi Taluk, Coimbatore District.

2.The Taluk Surveyor, Pollachi Taluk, Coimbatore District.

Page Nos.5/6

P.VELMURUGAN, J.

ms W.P.No.6209 of 2024 11.03.2024 (1/3) Page Nos.6/6