N.Prabu v. The Commissioner Of Survey And Settlement

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P.No.27056 of 2024 N.Prabu ... Petitioner vs.

1.The Commissioner of Survey and Settlement, Commissionerate of Survey and Settlement, Survey House, Chepauk, Chennai - 600005.

2.The Tahsildar, Salem.

3.The Revenue Inspector, Panamarathupatti, Salem District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st Respondent to forthwith depute Chief Surveyor from the office of the 1st Respondent to survey and fix boundaries for the properties of the Petitioner in Survey Nos.51/3, 51/4 and 58/13 at Panamarathupatti Village, Salem District, based on the application of the Petitioner dated 05.07.2024 and consequently forbear the Respondents 2 and 3 from interfering with the possession of the 1/4

Petitioner of his properties and house in Survey Nos.51/3, 51/4 and 58/13 at Panamarathupatti Village, Salem District.

For Petitioner : Mr.K.Selvaraj For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the 1st respondent to depute a Chief Surveyor to survey and fix the boundaries for the properties of the petitioner in Survey Nos.51/3, 51/4 and 58/13 situated at Panamarathupatti Village, Salem District by considering his application dated 05.07.2024.

2. Though the petitioner also sought for writ of Mandamus forbearing the respondents 2 and 3 from interfering with his possession of those lands, at the time of argument, the learned counsel appearing for the petitioner confined his argument to the first limb of prayer by stating that if necessary direction issued by the 2nd respondent to consider his representation for survey of the land he will be satisfied.

3. Mr.P.Sathish, learned Additional Government Pleader, who is 2/4

taking notice for the respondents would submit that the application of the petitioner dated 05.07.2024 seeking survey of his land in three survey numbers will be considered by the 2nd 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 made by the petitioner, this Court is inclined to direct the 2nd respondent to consider the application of the petitioner dated 05.07.2024 seeking survey of the land in S.Nos.51/3, 51/4 and 58/13 and pass final orders on its own merit, after issuing necessary notice to the interested parties, within a period of six 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. Consequently, the connected writ miscellaneous petition is closed. 27.08.2024 Index : Yes/No Speaking order:Yes/No dm 3/4

S.SOUNTHAR, J.

dm To 1.The Commissioner of Survey and Settlement, Commissionerate of Survey and Settlement, Survey House, Chepauk, Chennai - 600005.

2.The Tahsildar, Salem.

3.The Revenue Inspector, Panamarathupatti, Salem District.

27.08.2024 4/4