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Madras High CourtWP/7251/2024disposed of

D.Mahendran v. The Tahsildar

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 D.Mahendran ... Petitioner versus 1.The Tahsildar, Kurinjipadi Taluk, Cuddalore District.

2.The Surveyor, Kurinjipadi Taluk, Cuddalore District.

... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to provide the report of survey conducted on 13.12.2023 in respect of the petitioner's land in Old Survey Nos.182/11, 182/1, New Survey Nos.32/2, 32/3 (19, 1/2 cents) situated at Periyakannadi Village, Kurinjipadi Taluk, Cuddalore District.

For Petitioner :

Mr.K.Panjamurthy For Respondents :

Mr.A.Selvendran Special Government Pleader Pg.Nos.1/5

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 a mandamus directing the respondents to provide the report of survey conducted on 13.12.2023 in respect of the petitioner's land in Old Survey Nos.182/11, 182/1, New Survey Nos.32/2, 32/3 (19, 1/2 cents) situated at Periyakannadi Village, Kurinjipadi Taluk, Cuddalore District.

3. The case of the petitioner is that he has made an online application to the respondents to conduct survey in respect of the subject property and also paid requisite fees for the said survey on 07.12.2023. While so, the second respondent conducted survey on 13.12.2023, but till date, the second respondent has not furnished the survey report to the petitioner. Pg.Nos.2/5

4. The learned counsel for the petitioner submitted that it would suffice, if a direction is issued to the second respondent to furnish the survey report to the petitioner.

5. The learned Special Government Pleader for the respondents submitted that the subject property is not the petitioner's property.

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

7. It is seen that the petitioner has made online application on 07.12.2023 and the second respondent conducted survey on 13.12.2023. Further, the respondents have not denied that the petitioner has not submitted any application through online and survey was not conducted. Therefore, this Court without going into the merits of the case, directs the second respondent to furnish the report of the survey, which was conducted on 13.12.2023, if already not furnished, within a period of four weeks from the date of receipt of a copy of this order.

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 Tahsildar, Kurinjipadi Taluk, Cuddalore District.

2.The Surveyor, Kurinjipadi Taluk, Cuddalore District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 20.03.2024 Pg.Nos.5/5