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Madras High CourtWP/6215/2024disposed of

Kiruthika, 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 Kiruthika ... Petitioner versus 1.The Tahsildar, Kunnam Taluk, Perambalur District.

2.The Taluk Surveyor, Kunnam Taluk, Perambalur District.

3.The Village Administrative Officer, Sirukudal Village, Kunnam Taluk, Perambalur 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 land measuring about 4360 1⁄2 sq.ft in S.F.No.203/22A2 (Old Page Nos.1/6

S.F.No.203/22A) in Keelapuliyur South Village of Kunnam Taluk in Perambalur District as per Sale deed dated 10.10.2023 registered as Doc.No.4630 of 2023 on the file of the Sub Registrar Valighandapuram by considering the petitioner's application dated 07.11.2023. For Petitioner :

Mr.N.Ponraj For Respondents :

Mr.S.J.Mohamed Sathik Government Advocate

O R D E R

Mr.S.J.Mohamed Sathik, learned Government Advocate 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 survey the petitioner's land measuring about 4360 1⁄2 sq.ft in S.F.No.203/22A2 (Old S.F.No.203/22A) in Keelapuliyur South Village of Kunnam Taluk in Perambalur District as per Sale deed dated 10.10.2023 registered as Doc.No.4630 of 2023 on the file of Page Nos.2/6

the Sub Registrar Valighandapuramj, by considering the petitioner's application dated 07.11.2023.

3.The main grievance of the petitioner is that even though she has made an application on 07.11.2023, till date, the respondents have not taken any action on the said application.

4. The learned Government Advocate 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 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 dated 07.11.2023, and pass appropriate orders by conducting survey in the subject Page Nos.3/6

land, 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 stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.

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, Kunnam Taluk, Perambalur District.

2.The Taluk Surveyor, Kunnam Taluk, Perambalur District.

3.The Village Administrative Officer, Sirukudal Village, Kunnam Taluk, Perambalur District.

Page Nos.5/6

P.VELMURUGAN, J.

ms W.P.No.6215 of 2024 11.03.2024 (3/3) Page Nos.6/6