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Madras High CourtWP/6293/2024disposed of

G.Kalaiselvam v. The Tahsildar

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 G.Kalaiselvam ... Petitioner versus 1.The Tahsildar, Valangaiman Taluk, Thiruvarur District.

2.The Head Surveyor, Valangaiman Taluk, Thiruvarur 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 measurement of petitioner property Patta Nos.740, 743 and 744 comprised in New Survey No.29/4 old Survey No. 29/4 measuring to an extent of 52 sq.ft and patta No.327, New Survey No 29/14 p old Survey No.29/4 measuring to an extent of 0.4 sq.ft new survey No. 29/16p Old Survey No. Page Nos.1/6

29/4 measuring to an extent to 186 sq.ft New Survey No.29/17 old survey No.29/4 measuring to an extent of 99 sq.ft new survey No.29/18 and old survey No. 29/4 measuring to an extent of 77 sq.ft new survey No. 29/5A old Survey No.29/5 P measuring to an extent of 63 sq.ft new survey No. 29/5B old survey No. 29/5P measuring to an extent of 37 sq.ft at Melavidayal village, Valangaiman Taluk, Thiruvarur District vide Document No.1754 of 2022 on the file of SRO Valangaiman, Thiruvarur District pursuant to petitioner's representation dated 05.12.2022. For Petitioner :

Mr.K.Sasikumar 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 Page Nos.2/6

mandamus, directing the respondents to survey the petitioner property in Patta Nos.740, 743 and 744, comprised in New Survey No.29/4 Old Survey No. 29/4 measuring to an extent of 52 sq.ft, and Patta No.327, New Survey No.29/14 p Old Survey No.29/4 measuring to an extent of 0.4 sq.ft., New Survey No.29/16 p Old Survey No.29/4 measuring to an extent to 186 sq.ft., New Survey No.29/17 Old Survey No.29/4 measuring to an extent of 99 sq.ft, New Survey No.29/18 and Old Survey No.29/4 measuring to an extent of 77 sq.ft New Survey No.29/5A Old Survey No.29/5 P measuring to an extent of 63 sq.ft, New Survey No.29/5B Old Survey No.29/5P measuring to an extent of 37 sq.ft at Melavidayal Village, Valangaiman Taluk, Thiruvarur District vide Document No.1754 of 2022 on the file of SRO Valangaiman, Thiruvarur District pursuant to the petitioner's representation dated 05.12.2022.

3. The main grievance of the petitioner is that even though he has Page Nos.3/6

given a representation 05.12.2022, till date the first respondent has not taken any action on the said representation.

4. The learned Special Government Pleader appearing for the respondents submitted that the representation of the petitioner would be considered in accordance with law.

5. Heard both sides.

6. Since this Writ Petition is only for a mandamus simpliciter to consider the representation 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 representation of the petitioner dated 05.12.2022, issue notice to the petitioner as well as the rival claimants/interested parties/objectors/aggrieved parties if any, as the case may be, conduct an enquiry into the matter, and pass appropriate orders on merits Page Nos.4/6

and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

11.03.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The Tahsildar, Valangaiman Taluk, Thiruvarur District.

2.The Head Surveyor, Valangaiman Taluk, Thiruvarur District.

Page Nos.5/6

P.VELMURUGAN, J.

ms 11.03.2024 Page Nos.6/6