Madras High CourtWP/22056/2024disposed of

Selvakumar v. The Tahsildar

2024-08-02Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR Selvakumar .. Petitioner

Versus

1.The Tahsildar Omalur Taluk Salem District 2.The Land Surveyor Omalur Taluk Surveyor District 3.The Inspector of Police Jalakandapuram Police Station Omalur Taluk, Salem District 4.Palanimuthu .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st and 2nd respondents to survey and fix boundaries to the petitioners land to an extent of 0.41 3/4 acres comprised in survey No.1/1 situated at Idaiyapatti Village, Omalur Taluk, Salem District based on sale deed No.2992 of 2022 dated 22.04.2022 on the file of the Sub-Register office Tharamangalam Salem District by considering his application vide challan No.20240609000480 dated 09.06.2024 and representation dated 29.06.2024 within the time limit to be stipulated by this Hon'ble Court and also direct the 3rd respondent to provide the necessary protection for the same.

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For Petitioner : M/s.G.Ambika For Respondents : Mr.P.Sathish for R1 & R2 Additional Government Pleader Mr.S.Sugendran for R3 Additional Public Prosecutor

ORDER

This writ petition is filed for a direction to the 1st and 2nd respondents to survey and fix boundaries to the petitioners land to an extent of 0.41 3/4 acres comprised in survey No.1/1 situated at Idaiyapatti Village, Omalur Taluk, Salem District based on sale deed No.2992 of 2022 dated 22.04.2022 on the file of the Sub-Register Office, Tharamangalam Salem District by considering his application vide challan No.20240609000480 dated 09.06.2024 and representation dated 29.06.2024 within the time limit to be stipulated by this Hon'ble Court and also direct the 3rd respondent to provide the necessary protection for the same.

2. The petitioner submitted an application on 09.06.2024 with a request for surveying the petitioner's property, which is pending without consideration. Hence, this writ petition.

3. Heard both sides and perused the materials available on record. 2/4

4. By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse is passed against the private respondent, notice to them is dispensed with.

5. Considering the limited relief sought for in this writ petition, the respondents 1 and 2 are directed to consider the application of the petitioner dated 09.06.2024 and pass appropriate orders on the petitioner's application on merits and in accordance with law, after giving notice to the neighbouring land owners and the private respondents. Such exercise shall be completed within a period of two months from the date of receipt of copy of this order.

6. With the above direction, this writ petition is disposed of. No costs. 02.08.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No 3/4

N. SATHISH KUMAR , J.

dhk To 1.The Tahsildar Omalur Taluk Salem District 2.The Land Surveyor Omalur Taluk Surveyor District 3.The Inspector of Police Jalakandapuram Police Station Omalur Taluk, Salem District W.P.No.22056 of 2024 02.08.2024 4/4