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Madras High CourtWP/14224/2024disposed of

Kalaialagan v. The Tahsildar

2024-07-01Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.14224 of 2024 Kalaialagan .. Petitioner

Versus

1. The Tahsildar, O/o.The Tahsildar, Mannargudi, Thiruvaru District.

2. The Head Surveyor, O/o.Head Surveyor @ O/o.the Tahsildar, Mannargudi, Thiruvarur District.

3. The Inspector of the Police, Mannargudi Town Police Station, Thiruvarur District.

4. Muruganandam .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondents 1 and 2 to survey the petitioner's land in Town Survey No.114/3 with a total extent of 5722 sq.ft. by considering the representation dated 21.10.2023. For Petitioner : Mr.K.Pragadeesh Kumar For Respondents : Mr.S.J.Mohamed Sathik Government Advocate - R1 & R2 Mr.Sugendran, 1/4

Additional Public Prosecutor - R3

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 respondents 1 and 2 to survey the petitioner's land in Town Survey No.114/3 with a total extent of 5722 sq.ft. by considering the representation of the petitioner dated 21.10.2023.

3. Heard learned counsel for the petitioner and the learned Government Advocate and the Additional Public Prosecutor appearing for the respondents 1 to 3 and perused the materials available on record.

4. The case of the petitioner is that the subject property has been purchased by the petitioner by way of sale deed dated 24.02.2016 and he is in peaceful possession of the property since the date of purchase. While so, the fourth respondent is trying to occupy the land of the petitioner and crossing boundaries. In this regard the petitioner has made a representation to the first and second respondents to survey his land. But the same has not been considered by the respondents till date. Hence, the present Writ Petition. 2/4

5. Considering the limited relief sought for in this writ petition, the first and second respondents are directed to consider the representation of the petitioner dated 21.10.2023 and pass appropriate orders on the same, after giving notice to the fourth respondent and other 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. 01.07.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,

1. The Tahsildar, O/o.The Tahsildar, Mannargudi, Thiruvaru District.

2. The Head Surveyor, O/o.Head Surveyor @ O/o.the Tahsildar, Mannargudi, Thiruvarur District.

3. The Inspector of the Police, Mannargudi Town Police Station, Thiruvarur District. 3/4

N. SATHISH KUMAR , J.

vrc W.P.No.14224 of 2024 01.07.2024 4/4