Sakthivel v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Sakthivel ... Petitioner Vs.

1. The Tahsildhar Office of Tahzildhar Kallakurichi Taluk & District

2. The Taluk Surveyor Kallakurichi Taluk & District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to survey the property comprised in S.F.No.72/5B at Kallakurichi Village at Kallakurichi Taluk and District and to issue patta by considering the representation of the petitioner herein dated 25.12.2023 within a reasonable time as may be fixed by this Court. For Petitioner : Mr.T.Mohanraju for Mr.Nalliyappan For Respondents : Mr.T.Arun Kumar Additional Government Pleader 1/5

ORDER

This Writ Petition is filed seeking to issue a Writ of Mandamus directing the respondents herein to survey the property comprised in S.F.No.72/5B at Kallakurichi Village at Kallakurichi Taluk and District and to issue patta by considering the representation of the petitioner herein dated 25.12.2023 within a reasonable time as may be fixed by this Court.

2. The learned counsel for the petitioner submitted that the petitioner made an application on 02.02.2023 for transfer of Patta and since the same was not considered, he made a representation on 25.12.2023. However, the same has not been considered. Hence, the present Writ Petition is filed.

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

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 to consider the representation, this Court without expressing any opinion with regard to the merits of the case, directs the 1st respondent 2/5

to 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 if already no enquiry was conducted and pass orders on merits and in accordance with law if already no final order was passed. 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. 20.03.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The Tahsildhar Office of Tahzildhar Kallakurichi Taluk & District

2. The Taluk Surveyor Kallakurichi Taluk & District 4/5

P.VELMURUGAN. J.

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