P.Kumar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.28984 of 2024 P. Kumar ...Petitioner Vs.

1. The Tahsildar, Thalaivasal Taluk, Salem District.

2. The Inspector of Police, Thalaivasal Police Station, Thalaivasal Taluk, Salem District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to survey the petitioner agriculture land comprised in patta No.1233 & survey No.212/1A situated at the Revenue Village of Thiyaganur, Thalaivasal Taluk and Salem District by passing order of the petitioner online payment and E-challan dated 23.06.2023.

For Petitioner : Mr.T.Velu For R1 : Mr.S.J.Sathik Mohamed Government Advocate For R2 : Mr.S.Sugendran Additional Public Prosecutor 1/4

O R D E R

The petitioner herein seeks a direction to the first respondent to survey his agriculture land situated in survey No.212/1A situated at Revenue Village, Thiyaganur, Thalaivasal Taluk, Salem District, by considering his on-line application dated 23.06.2023.

2. 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.

3. It is the case of the petitioner that the above mentioned property originally belonged to his grandfather Vaiyaburi and he executed a registered Will bearing document no.83/1989 on the file of the Sub-Registrar, Thalaivasal Taluk, Salem District. It is also stated by the petitioner that the patta of the suit property stands in the name of the petitioner in patta No.1233. Therefore, the petitioner submitted an on-line application on 23.06.2023 seeking to survey the land and the same has not been considered till date. Therefore, the petitioner is before this Court. 2/4

4. Mr.S.J.Sathik Mohamed, learned Government Advocate, who takes notice for the first respondent would submit that on-line application of the petitioner for survey of land will be considered on its own merits and appropriate orders will be passed.

5. In view of the above submission made by the learned Government Advocate, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the first respondent to consider the on-line application of the petitioner dated 23.06.2023 and pass final orders, after issuing notice to all interested parties, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

01.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av 3/4

S. SOUNTHAR, J.

av To

1. The Tahsildar, Thalaivasal Taluk, Salem District.

2. The Inspector of Police, Thalaivasal Police Station, Thalaivasal Taluk, Salem District.

W.P No.28984 of 2024 01.10.2024 4/4