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Madras High CourtWP/11576/2024disposed of

Hazrath Neelam Basha Dargha And Masjid Wakf v. The Tasildar

2024-04-29Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Hazrath Neelam Basha Dargha & Masjid Wakf Rep. by its Hereditary Muthawalli G.Gulab Ali Sha Khadheri having Office at Hazarath Neelam Basa Dargha, Dr.Besent Road, Triplicane, Chennai - 600 005. ..

Petitioner

Versus

1. The Tahsildar, Mylapore Taluk, Bishop Garden, Rajaannamalaipuram, Chennai - 600 028.

2. The Land Surveyor, O/o.Tahsildar, Mylapore Taluk, Bishop Garden, Rajaannamalaipuram, Chennai - 600 028.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the petitioner representation dated 22.08.2023 to measure and survey the properties comprised in survey No.:975, 975/1, 975/2, 975/3, 975/4, 975/5 situated at Dr.Besant Road, Triplicane, Chennai - 600 005. For Petitioner : Mr.A.K.T.Mohammed Kaliffathulla For Respondents : Mr.A.Selvendran 1/4

Special Government Pleader

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to direct the first respondent to consider the representation of the petitioner dated 22.08.2023 to measure and survey the properties comprised in survey No.:975, 975/1, 975/2, 975/3, 975/4, 975/5 situated at Dr.Besant Road, Triplicane, Chennai - 600 005.

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

4. The grievance of the petitioner is that though he has given an application dated 22.08.2023 to survey the lands in survey No.:975, 975/1, 975/2, 975/3, 975/4, 975/5 situated at Dr.Besant Road, Triplicane, Chennai - 600 005, the first respondent has not taken any action to survey the lands. Hence, the present Writ Petition.

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5. Considering the limited relief sought for in this writ petition, without going into the merits of the case, there shall be a direction to the first respondent to dispose of the representation of the petitioner dated 22.08.2023 on merits after giving notice to the neighbouring land owners and any other interested persons, within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 29.04.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,

1. The Tahsildar, Mylapore Taluk, Bishop Garden, Rajaannamalaipuram, Chennai - 600 028.

2. The Land Surveyor, O/o.Tahsildar, Mylapore Taluk, Bishop Garden, Rajaannamalaipuram, Chennai - 600 028.

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N. SATHISH KUMAR , J.

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