Madras High CourtWP/6891/2024disposed of

R.Suresh v. The Tahsildar

2024-03-19Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN R.Suresh ... Petitioner

Versus

1. The Tahsildar Kurulnallipalayam Village Kinaththukadavu Taluk Coimbatore District

2. The Inspector (Land Survey) Divisional Inspector Office Kinaththukadavu, Coimbatore District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the 2nd respondent to survey the petitioner's land and issue Patta for him in Survey No.256, measuring about 2.02. acre, situated at Kurunallipalayam Village, Kinaththukadavu Taluk, Coimbatore District based upon his application No.2024/0105/12/493368 dated 15.02.2024.

For Petitioner : Mr.B.Thirumalai For Respondents : Mr.T.Arun Kumar Additional Government Pleader 1/5

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus to direct the 2nd respondent to survey the petitioner's land and issue Patta for him in Survey No.256, measuring about 2.02. acre, situated at Kurunallipalayam Village, Kinaththukadavu Taluk, Coimbatore District based upon his application No.2024/0105/12/493368 dated 15.02.2024.

2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the 2 nd respondent to consider the petitioner's application dated 15.02.2024 within a stipulated time.

3. Mr.T.Arun Kumar, learned Additional Government Pleader takes notice for the respondents.

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 consider the petitioner's application to survey the land, this Court without expressing any opinion with regard to the merits of the case, 2/5

directs the 1 st 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 and pass orders on merits and in accordance with law. The said exercise shall be completed within the time as prescribed in the circular No.R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration, from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 19.03.2024 Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No Ksa-2 3/5

1. The Tahsildar Kurulnallipalayam Village Kinaththukadavu Taluk Coimbatore District

2. The Inspector (Land Survey) Divisional Inspector Office Kinaththukadavu, Coimbatore District 4/5

P.VELMURUGAN. J.

Ksa-2 W.P. No.6891 of 2024 19.03.2024 5/5