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Madras High CourtWP/8114/2024disposed of

M.Prakasam v. The Tahsildar,

2024-03-27Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024 Coram:

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

of 2024 M.Prakasam ... Petitioner Vs.

1. The Tahsildar Omalur Taluk Omalur, Salem District

2. The Taluk Surveyor O/o Tahsildar, Omalur Taluk Omalur, Salem District

3. The Firka Surveyor O/o Village Administrative Officer Tharamangalam Omalur Taluk, Salem District

4. The Village Administrative Officer Tharamangalam, Omalur Taluk Salem District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the application of the petitioner dated 21.10.2023 and survey his land in 1/5

S.Nos.233/1A, 233/2B, 233/1B, 233/2A to the extent of 1 acre 9 1/2 cents situated at Tharamangalam Village, Omalur Taluk, Salem District and lay the boundary stones.

For Petitioner : Mr.V.Elangovan For Respondents : Mr.T.Arun Kumar Additional Government Pleader

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents to consider the application of the petitioner dated 21.10.2023 and survey his land in S.Nos.233/1A, 233/2B, 233/1B, 233/2A to the extent of 1 acre 9 1/2 cents situated at Tharamangalam Village, Omalur Taluk, Salem District and lay the boundary stones.

2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the respondents to consider the petitioner's online application dated 21.10.2023 to survey his land, within the time as may be fixed by this Court.

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

2/5

4. Having regard to the submissions made by the learned counsel on either side and since the Writ Petition is filed seeking a simple Writ of Mandamus, this Court without expressing any opinion with regard to the merits of the case, directs the 1st respondent to consider the petitioner's application dated 21.10.2023 and issue notice to the petitioner, adjacent land owners of the four boundaries of the subject property, interested parties/rival claimants/aggrieved parties/objectors 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, within a period of eight weeks 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. 27.03.2024 (1/2) ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The Tahsildar Omalur Taluk Omalur, Salem District

2. The Taluk Surveyor O/o Tahsildar, Omalur Taluk Omalur, Salem District

3. The Firka Surveyor O/o Village Administrative Officer Tharamangalam Omalur Taluk, Salem District

4. The Village Administrative Officer Tharamangalam, Omalur Taluk Salem District 4/5

P.VELMURUGAN. J.

Ksa-2 W.P. No.

of 2024 27.03.2024 (1/2) 5/5