S.Senthilkumar 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 S.Senthilkumar ... Petitioner Vs.

The Tahsildar Rasipuram Taluk Office Namakkal 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 consider the petitioner's application dated 27.11.2023 and survey and sub divide the land situated in S.Nos.92/4C and 92/9B to the extent of 1.97 3/4 acres, Koneripatti Village, Rasipuram taluk, Namakkal District. For Petitioner : Mr.V.Elangovan For Respondent : Mr.A.Selvendran Special Government Pleader

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondent to consider the petitioner's application dated 1/5

27.11.2023 and survey and subdivide the land situated in S.Nos.92/4C and 92/9B to the extent of 1.97 3/4 acres, Koneripatti Village, Rasipuram taluk, Namakkal District.

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 application dated 27.11.2023 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 and subdivide the land, this Court without expressing any opinion with regard to the merits of the case, directs the respondent to consider the petitioner's application dated 27.11.2023 and issue notice to the petitioner, adjacent land owners of the four boundaries of the subject property, interested parties/rival claimants/objectors/aggrieved parties if 2/5

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 if already not conducted. 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. Accordingly, this Writ Petition is disposed of at the admission stage itself. No costs.

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

To The Tahsildar Rasipuram Taluk Office Namakkal District 4/5

P.VELMURUGAN. J.

Ksa-2 W.P. No.

of 2024 21.03.2024 5/5