Chellappan v. The Thasildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Chellappan ... Petitioner vs.

1.The Thasildar, Thasildar office, Vazhapadi Salem District.

2.The Head Surveyor, Salem, Salem District.

3.The Village Administrative officer, Salem District.

4.Kandasamy ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent 1 and 2 to survey the land of the petitioner as per the partition deed dated 20.07.1978 registered as document no.1125 of 1978 registered before Sub Registrar office, Valapadi Taluk, Salem District.

For Petitioner : Mr.M.Arun For R1 to R3 : Mr.P.Sathish Additional Government Pleader

O R D E R

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The petitioner herein seeks a direction to the respondents 1 and 2 to survey his land in S.Nos.356/2C, 356/2D and 356/2E situated in Kurichi Village, Valapadi Taluk, Salem District, by considering his representation dated 02.04.2022.

2. According to the petitioner, the above mentioned property belongs to him under Partition Deed dated 20.07.1978 and he submitted a representation seeking survey of the above mentioned land on 02.04.2022. He also paid necessary charges for survey of the land and Acknowledgement Receipt dated 02.02.2024 was also issued to the petitioner. Till date, the request of the petitioner has not been considered. Hence, the petitioner is before this Court.

3. Mr.P.Sathish, learned Additional Government Pleader, who is taking notice for the respondents 1 to 3 would submit that the representation of the petitioner will be considered by the 1st respondent on its own merit within the time fixed by this Court.

4. In view of the same, without going into the merits of the claim 2/4

made by the petitioner, this Court is inclined to direct the 1st respondent to consider the online application of the petitioner seeking survey of the above mentioned land in Application No.2024/0123/08/000776, dated 02.02.2024 and pass final orders on its own merit, after issuing necessary notice to the 4th respondent, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands disposed of. No costs.

29.08.2024 Index : Yes/No Speaking order:Yes/No dm To 1.The Thasildar, Thasildar office, Vazhapadi, Salem District.

2.The Head Surveyor, Salem, Salem District.

3.The Village Administrative officer, Salem District.

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S.SOUNTHAR, J.

dm 29.08.2024 4/4