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Madras High CourtWP/26975/2021disposed of

S.Dhanapal v. The Tahsildhar

2021-12-17Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2021

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.26975 of 2021 S.Dhanapal ...

Petitioner Vs 1.The Tahsildhar, 2.The Firka Head Surveyor, Salem District 636 102 ...

Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents either jointly (or) severally to survey the land comprised in survey numbers No.157/2, 0.22 cents, 157/3, 20 1⁄2 cents, 157/5, 0.14 cents, 157/7, 0.18 1⁄2 cents, 157/8, 0.31 cents, 157/9, 0.02 cents, 157/10, 0.38 cents, 157/11, 0.10 cents with well and 5 HP Pump set Sc.No.165, 157/12, 0.17 cents, 157/13, 0.13 1⁄2 cents and with easementry rights in survey No.158/9, 158/10, 158/13, 158/14, 158/8, 157/1, 157/2, 0.13 cents to the total extent of 1 acre 85 and half cents situated at Sathasivapuram Village Attur Taluk, Salem District in accordance with law.

For Petitioner : Mr.P.Ganapathy For Respondents : Mr.P.Baladhandayutham, Special Government Pleader

ORDER

This writ petition is filed for direction directing the respondents either jointly (or) severally to survey the land comprised in survey numbers No.157/2, 0.22 cents, 157/3, 20 1⁄2 cents, 157/5, 0.14 cents, 157/7, 0.18 1⁄2 cents, 157/8, 0.31

cents, 157/9, 0.02 cents, 157/10, 0.38 cents, 157/11, 0.10 cents with well and 5 HP Pump set Sc.No.165, 157/12, 0.17 cents, 157/13, 0.13 1⁄2 cents and with easementry rights in survey No.158/9, 158/10, 158/13, 158/14, 158/8, 157/1, 157/2, 0.13 cents to the total extent of 1 acre 85 and half cents situated at Sathasivapuram Village Attur Taluk, Salem District in accordance with law.

2. The petitioner submitted application to survey his property, which is pending. Therefore, the first respondent is directed to consider the representation of the petitioner dated 09.05.2019 and conduct enquiry after issuance of notice to the petitioner, the adjacent land owners and counter parties, if any, and, after giving them opportunity of hearing, pass orders to survey the land comprised in survey numbers No.157/2, 0.22 cents, 157/3, 20 1⁄2 cents, 157/5, 0.14 cents, 157/7, 0.18 1⁄2 cents, 157/8, 0.31 cents, 157/9, 0.02 cents, 157/10, 0.38 cents, 157/11, 0.10 cents with well and 5 HP Pump set Sc.No.165, 157/12, 0.17 cents, 157/13, 0.13 1⁄2 cents and with easementry rights in survey No.158/9, 158/10, 158/13, 158/14, 158/8, 157/1, 157/2, 0.13 cents to the total extent of 1 acre 85 and half cents situated at Sathasivapuram Village Attur Taluk, Salem District, on merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order, on payment of requisite fees.

3.With the above direction, this writ petition is disposed of. No order as to costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR lok To 1.The Tahsildhar,

2.The Firka Head Surveyor, +1cc to the Government Pleader Sr.68630 WP.No.26975 of 2021 ad[co] srg 04/01/2022