Amirtham v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P. No.27988 of 2024 Amirtham ..Petitioner Vs.

1. The Tahsildar Harur, Dharmapuri District.

2. The Firka Surveyor Theerthamalai, Harur Taluk, Dharmapuri District.

3. The Inspector of Police, Kottapatti Police Station, Dharmapuri District.

...Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st and 2nd Respondents to survey the land in Survey No.20/ 2 to the total extent of 1.75.00 hectares at Velanur village, Harur Taluk, Dharmapuri District along with the aid of the 3rd Respondent within the time frame fixed by this Court. 1/4

For Petitioner :Mr.J.Pradeep For Respondents 1 & 2 : Mr.A.Selvendran Special Government Pleader Mr.S.Sugendran for R3 Additional Public Prosecutor

O R D E R

By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

2. The petitioner herein seeks a direction to respondents 1 and 2 to survey her lands situated in Survey No.20/2 with an extent of 1.75.00 hectares at Velanur Village, Harur Taluk, Dharmapuri District with the aid of 3rd respondent.

3. It is the case of the petitioner that he submitted a representation on 19.09.2023 to 1st respondent seeking survey of the above mentioned property and the same has not been considered. Hence, he is before this Court. 2/4

4. A perusal of the 1st respondent's proceedings in Si.Pa.No.60/2023/S1 dated 20.09.2023 would establish that there was resistance made by third parties and the 1st respondent had written to 3rd respondent seeking police aid.

5. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue direction to the 1st respondent to consider the representation of the petitioner dated 19.09.2023 and pass final orders on its' own merits within a period of eight weeks from the date of receipt of copy of this order after issuing necessary notice to the petitioner and other interested parties.

6. With the above directions, this writ petition is disposed of. No costs. 25.09.2024 Index : Yes/No nr 3/4

S.SOUNTHAR , J.

nr To

1. The Tahsildar Harur, Dharmapuri District.

2. The Firka Surveyor Theerthamalai, Harur Taluk, Dharmapuri District.

3. The Inspector of Police, Kottapatti Police Station, Dharmapuri District.

W.P. No.27988 of 2024 25.09.2024 4/4