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Madras High CourtWP/29549/2024disposed of

Shakadalibavasha v. The District Collector

2024-10-14Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Shakadalibavasha ... Petitioner Vs.

1.The District Collector, Office of Collectorate, Salem District.

2.The Tahsildar, Office of Tahsildar, Thalaivasal Taluk, Salem District.

3.The Head Surveyor, Office of Tahsildar, Thalaivasal Taluk, Salem District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent to measure the petitioner's land viz.., Survey No.164/3D to a total extent of about 3 acre 58 cents in Sathapadi Village, Attur Taluk, Salem District by disposing of the petitioner's online application dated 16.12.2023 and the same within a time to be stipulated by this Court.

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For Petitioner : Mr.A.Rajakumar For Respondents : Mr.G.Krishna Raja Additional Government Pleader for R1 to R3

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 the 3rd respondent to measure his property situated in Survey No.164/3D of a total extent of about 3 acre 58 cents in Sathapadi Village, Attur Taluk, Salem District by considering the petitioner's online application dated 16.12.2023.

3. It is the case of the petitioner that he acquired the above mentioned property under registered sale deed dated 03.01.2000. He submitted online application seeking survey of land situated in Survey No.164/3D and the same has not been considered. Hence, he is before this Court.

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4. The learned Additional Government Pleader, who is taking notice for the respondents, submitted that the petitioner has not submitted any online application for survey of the property and if any such application is filed, the same will be considered in accordance with law.

5. In view of the same, this Court, without going into the merits of the claim made by the petitioner, is inclined to direct the petitioner to submit an online application seeking survey of his property and pay necessary charges within a period of two weeks from the date of receipt of copy of this order. If any such application is filed, the 3rd respondent shall consider the same and pass final orders on its' own merits within a period of eight weeks from the date of receipt of such online application.

6. With the above directions, this writ petition is disposed of. No costs.

14.10.2024 Index : Yes/No 3/5

Speaking order:Yes/No ub To 1.The District Collector, Office of Collectorate, Salem District.

2.The Tahsildar, Office of Tahsildar, Thalaivasal Taluk, Salem District.

3.The Head Surveyor, Office of Tahsildar, Thalaivasal Taluk, Salem District.

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S.SOUNTHAR, J.

ub 14.10.2024 5/5