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Madras High CourtWP/18125/2020disposed of

M.Kuppusamy v. The Tahsildar

2020-12-11Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.12.2020

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.18125 of 2020 1.

M.Kuppusamy 2.

D.Dharmalingam ... Petitioners Vs.

1 The Tahsildar Pethanaickenplayam Taluk Salem District.

2 Taluk Surveyor Pethanaickenplayam Taluk Salem District.

3 A.Duraisamy 4 Santhi

...Respondents

This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 and 2 to Survey the Properties having an extent of 1.22 Acres Comprised in Survey No.128/5A and its pathway running through Survey No.129/1B, 130/1A and 130/1B situated in as per as per Field Measurement Book (FMB) in Yethapur Village in Pethanaickenpalayam Taluk, Salem District as per the 1st Petitioner's request vide Challan dated 14.07.2020 within a reasonable period to be fixed by this Honble court by drawing adequate police protection.

For Petitioner :

Mr.R.Neelakandan For Respondents 1 & 2:

Mr.A.Aruldoss Government Advocate

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the first and second respondents to conduct a survey in the subject property as per the Field Measurement Book https://hcservices.ecourts.gov.in/hcservices/

by acting upon the application submitted by the petitioner on 14.07.2020.

2.

Mr.A.Aruldoss, learned Government Advocate appearing on behalf of the respondents 1 and 2 submitted that the first respondent has already called the parties for enquiry on 28.12.2020 at 11.00 a.m. The learned counsel further 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 first respondent has already called the parties for enquiry in order to proceed further with the process of conducting the survey, there shall be a direction to the first respondent to take a decision after hearing the parties and complete the entire process within a period of four 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 IX) //True Copy// Sub Assistant Registrar mra To 1 The Tahsildar Pethanaickenplayam Taluk Salem District.

2 The Taluk Surveyor Pethanaickenplayam Taluk Salem District.

+1cc to The Government Pleader, SR40676 W.P.No.18125 of 2020 (2/2) CO(VGII) BDL/11/01/2021 https://hcservices.ecourts.gov.in/hcservices/