Palaniappan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Palaniappan, President, Moolakkadu Village Panchayath, Moolakkadu Village, Rasipuram Taulk, Namakkal District.

...

Petitioner versus 1.The Tahsildar, Rasipuram Taluk, Namakkal District.

2.The Head Surveyor, Rasipuram Taluk, Namakkal District.

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Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to survey the land in Old Survey No:77/5 in New Subdivision No.77/5A in New Survey No:77/5A1 an extent of 1 acre 70 cents respectively situated at Mollkkadu Village, Rasipuram Taluk, Namakkal District and to fix its boundaries of common passage road laid in plots as per the Gift Deed in 1/4

Document No.2435/2008 dated 27.05.2008 based on the petitioner online representation dated 12.06.2024.

For Petitioner :

Mr.S.Varanesh For Respondents :

Mr.P.Sathish Additional Government Pleader

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 respondents to survey and fix the boundaries of the petitioner's land comprised in Old Survey No:77/5 in New Subdivision No.77/5A in New Survey No:77/5A1 measuring an extent of 1 acre 70 cents, situated at Mollkkadu Village, Rasipuram Taluk, Namakkal District, by considering the petitioner's online representation dated 12.06.2024.

3.

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

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4.

The grievance of the petitioner is that he has paid the requisite fees to survey the property and demarcate its boundaries in Old Survey No:77/5 in New Subdivision No.77/5A in New Survey No:77/5A1 situated at Mollkkadu Village, Rasipuram Taluk, Namakkal District. In this regard, the petitioner has also given representation on 12.06.2024. However, the same has not been considered by the respondents. Hence, he seeks a direction.

5.

Considering the limited nature of the relief sought for in the present Writ Petition, there shall be a direction to the respondents to consider the petitioner's representation dated 12.06.2024 and pass appropriate orders, for survey of the property and demarcate its boundaries, 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.

19.07.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 3/4

N.SATHISH KUMAR , J.

sri To 1.The Tahsildar, Rasipuram Taluk, Namakkal District.

2.The Head Surveyor, Rasipuram Taluk, Namakkal District.

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