G.Balarajan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :03.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.16947 of 2020 G.Balarajan, S/o.Late Gurusamy, D.No.1450, Garden Avenue, Mugappair, Chennai 600 037.

... Petitioner Vs.

1.The Tahsildar, Omalur Taluk, Salem District.

2.The Taluk Surveyor, Taluk Office, Omalur Taluk, Salem District.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the 2nd respondent to measure the petitioner's land in Survey No.187/1A2 & Patta No.1295, total extent of 0.61 cents, situated at Chellapillaikuttai Village, Omalur Taluk, Salem District registered as Document No.9535 of 2014 in Omalur SubRegistrar Office. For Petitioner : Mr.K.Sathishkumar For Respondent : Mr.E.Balamurugan Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus directing the respondents to measure the subject property by acting upon the application submitted by the petitioner.

2.Mr.E.Balamurugan, learned Special Government Pleader appearing on behalf of the respondents submitted that the 2nd respondent went to the spot for measurement on 08.09.2020 and the same was resisted by one Krishnan, on the ground that he has right over the property. The learned Special Government Pleader further submitted that in view of the objection raised by the said Krishnan, the 1st respondent decided to conduct an enquiry on 14.12.2020 at 11.00 am. The learned counsel submitted that the petitioner can be present at the time of enquiry along with all the relevant documents. 3.Taking into consideration the facts and circumstances of the case and also of the fact that the 1st respondent has called the parties for an enquiry, there shall be a direction to the 1st respondent to conduct an enquiry after affording https://hcservices.ecourts.gov.in/hcservices/

opportunity to the petitioner and also the other interested parties and shall take a decision strictly in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

4.This Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar sai To 1.The Tahsildar, Omalur Taluk, Salem District.

2.The Taluk Surveyor, Taluk Office, Omalur Taluk, Salem District.

W.P.No.16947 of 2020 CA CO SDR 19/12/2020 https://hcservices.ecourts.gov.in/hcservices/