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Madras High CourtWP/7567/2021disposed of

T.Kesarimal, v. The Tahsildhar Avadi Taluk

2021-04-17Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. NO.7567 OF 2021 T. Kesarimal S/o. Tekchand

...Petitioner

Vs 1.The Tahsildar, Avadi Taluk, Avadi, Thiruvallur District.

2.The Deputy Tahsildar, Avadi Taluk, Avadi, Thiruvallur District.

3.Head Surveyor, Avadi Taluk, Avadi, Thiruvallur District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing 3rd respondent to survey the land of the petitioner in Survey No.169/3 in Nemilichery Village, Avadi taluk, Thiruvallur District and submit a report to the 1st respondent by marking a copy of the same to the petitioner within a timeframe that may be fixed by this Court.

For petitioner ... Mr. S.Sai Shankar For respondents ... Mr.M. Manigopi Gov. Advocate

ORDER

This writ petition has been filed seeking a direction to the 3rd respondent to consider the petitioner's representation dated 13.11.2017.

2. The grievance of the petitioner is that the petitioner has filed his application on 13.11.2017 before the first respondent to survey the land and to make necessary corrections in the patta and he has also paid necessary fees for the same. Thereafter, the first respondent, Tahsildar, by its proceedings dated 08.03.2018, directed the respondents 2 and 3 to conduct survey and file report to that effect. But, so far survey has not been conducted. Hence, the present writ petition has been filed.

3. I have heard the learned counsel appearing for the petitioner and the learned Government Advocate, who takes notice for the respondents.

4. Considering the facts and circumstances of the case and the limited prayer sought for in the writ petition, and also the petitioner's representation is pending with the third respondent, without going into the merits of the case, the third respondent is directed to consider the petitioner's representation dated 13.11.2017 and pass suitable orders on merits and in accordance with law after giving opportunity to the petitioner as well as other affected parties, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. No costs.

s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar mrp

To 1.The Tahsildar, Avadi Taluk, Avadi, Thiruvallur District.

2.The Deputy Tahsildar, Avadi Taluk, Avadi, Thiruvallur District.

3.Head Surveyor, Avadi Taluk, Avadi, Thiruvallur District.

+1cc to the Government Pleader, Sr.No.23689 W.P. No. 7567 of 2021 UM(CO) KKV/28/05/2021