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Madras High CourtWP/7223/2024disposed of

S.Chinnanan v. The Tahsildhar

2024-03-20Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.Chinnanan S/o.Sellappa Goundar ... Petitioner versus 1.The Tahsildhar Taluk Office Sankari Taluk Salem District.

2.The Revenue Inspector Taluk Office Sankari Taluk Salem District.

3.The Village Administrative Officer Thevur Village Sankari Taluk Salem District.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents herein to conduct survey in respect of the lands in Survey Nos.468/2, 468/3 and 468/5 of Thevur Village, Sankari Taluk, Salem District. Pg.Nos.1/5

For Petitioner :

Mr.S.Prabhu For Respondents :

Mr.T.Arun Kumar Additional Government Pleader

O R D E R

Mr.T.Arun Kumar, learned Additional 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 a mandamus directing the respondents herein to conduct survey in respect of the lands in Survey Nos.468/2, 468/3 and 468/5 of Thevur Village, Sankari Taluk, Salem District.

3. The main grievance of the petitioner is that even though he has made an application dated 20.10.2023 and further representation dated 24.11.2023 seeking for sub-division of the subject matter lands, the same has not been done by the respondents.

4. The learned counsel for the petitioner submits that it would be desirable to give a direction to the respondents to consider the application dated 20.10.2023 within a fixed time frame.

Pg.Nos.2/5

5. The learned Additional Government Pleader for the respondents submitted that the said application dated 20.10.2023 would be considered on merits and in accordance with law as expeditiously as possible.

6. Heard both sides and perused the materials available on record.

7. Since this writ petition is only for a mandamus, to direct the respondents to dispose of the petitioner's application dated 20.10.2023, this Court, without expressing any view or opinion with regard to the merits of the case, directs the first respondent to consider the application dated 20.10.2023, on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as interested parties/rival claimants/objectors/aggrieved parties, if any, if the application is not disposed of already. Such exercise shall be completed within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.

Pg.Nos.3/5

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

20.03.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The Tahsildhar Taluk Office Sankari Taluk Salem District.

2.The Revenue Inspector Taluk Office Sankari Taluk Salem District.

3.The Village Administrative Officer Thevur Village Sankari Taluk Salem District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 20.03.2024 Pg.Nos.5/5