R.Natarajan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR R.Natarajan ...

Petitioner versus The Tahsildar, ModakurichiTaluk, Erode District.

...

Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to consider the representations made by the petitioner on 04.09.2023 and 25.09.2023 and conduct survey in respect of the land in R.S.No.751/1 and 751/3 corresponding to Ka.Sa.662-C Nanjai, Uthukuli-B Village, Modakurichi Taluk, Erode District.

For Petitioner :

Mr.M.R.Thangavel for Mr.V.Balamurugane For Respondent :

Mr.A.Selvendran Special Government Pleader 1/4

O R D E R

By consent of both sides, this Writ Petition is disposed of at the stage of admission itself.

2.

This Writ Petition is filed to direct the respondent to survey the petitioner's land viz., R.S.No.751/1 and 751/3 in Uthukuli-B Village, Modakurichi Taluk, Erode District, by disposing of the petitioner's representations dated 04.09.2023 and 25.09.2023. 3.

Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondent and perused the materials available on record.

4.

The case of the petitioner is that the subject property was acquired by way of a registered partition deed dated 05.10.1979 between the family members of the petitioner and they are in peaceful possession and enjoyment of the property. It is the grievance of the petitioner that he has given representations on 04.09.2023 and 25.09.2023 to survey the said 2/4

property. However, the same has not been considered by the respondent. Hence, the present Writ Petition.

5.

The learned Special Government Pleader for the respondent submitted that the petitioner shall file an online application and the same will be considered within a reasonable time.

6.

Considering the limited relief sought for in this Writ Petition, the petitioner is permitted to file an online application within a period of two weeks from the date of receipt of a copy of this order and on such application is received, the respondent shall consider the application of the petitioner and pass appropriate orders, for survey of the property, after giving notice to the neighbouring land owners and any other interested persons, within a period of three months thereafter. 7.

With the above direction, this Writ Petition is disposed of. No costs.

18.04.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/4

N.SATHISH KUMAR , J.

sri To The Tahsildar, ModakurichiTaluk, Erode District.

18.04.2024 4/4