Mr.Ramamoorthy v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.

of 2024 Ramamoorthy ... Petitioner Vs.

The Tahsildar Ariyalur Taluk Ariyalur District ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to survey/measure the land measuring an extent of land measuring 14 cents out of 88 cents in Old S.No.105/12A, New S.No.105/12A1, Subrayapuram Revenue Village, Mallur Magira, Ariyalur Taluk, Ariyalur District by metes and bound and to subdivide the same by considering the petitioner's online application receipt dated 23.09.2023.

For Petitioner : Mr.A.Ilayaperumal For Respondent : Mr.A.Selvendran Special Government Pleader 1/5

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondent to survey/measure the land measuring an extent of land measuring 14 cents out of 88 cents in Old S.No.105/12A, New S.No.105/12A1, Subrayapuram Revenue Village, Mallur Magira, Ariyalur Taluk, Ariyalur District by metes and bound and to subdivide the same by considering the petitioner's online application receipt dated 23.09.2023.

2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the respondent to consider the petitioner's online application dated 23.09.2023 within the time as may be fixed by this Court.

3. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondent.

4. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of mandamus to survey the land based on the application dated 23.09.2023, 2/5

this Court without expressing any opinion with regard to the merits of the case, directs the respondent to issue notice to the petitioner, adjacent land owners of the four boundaries of the subject property, interested parties/rival claimants/objectors/aggrieved parties if any, as the case may be and conduct enquiry in the manner known to law if already not conducted and pass orders on merits and in accordance with law, if already not passed orders. After conducting enquiry, if the respondent comes to the conclusion that the petitioner is otherwise entitled/eligible and there is no other legal impediment, conduct survey in the subject land. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

5. Accordingly, this Writ Petition is disposed of at the admission stage itself. No costs.

21.03.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To The Tahsildar Ariyalur Taluk Ariyalur District 4/5

P.VELMURUGAN. J.

Ksa-2 W.P. No.

of 2024 21.03.2024 5/5