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Madras High CourtWP/31177/2024disposed of

Subashini v. The Thasildar

2024-10-24Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.31177 of 2024 Subashini

...Petitioner

Vs.

1. The Thasildar, Nambiyur Tahsildar Office, Nambiyur, Tamil Nadu - 638 458.

2. The Head of the Surveyor, Surveyor department, Nambiyur Tahsildar Office, Nambiyur, Tamil Nadu - 638 458.

3. The Firka Surveyor, Surveyor Department, Nambiyur Taluk Office, Erode, Tamil Nadu - 638 458.

4. The Village Administrative Officer, Karattupalayam Village Panchayat, Alukuli post, Nambiyur Taluk, Erode, Tamil Nadu - 638 457.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to survey the petitioner land in survey no.695/1A in Karatturpalayam about 45 cents, patta no.1199 through application given by the petitioner dated 18.06.2024. 1/5

For Petitioner : Mr.A.Rameshmanikandan For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents to survey the lands situated in survey no.695/1A, Karatturpalayam, Salem District, by considering her on-line application dated 18.06.2024.

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 her grandfather namely Poonaiyan owned 45 cents of land in the above mentioned survey number. After death of her grandfather, the petitioner's father succeeded to his estate. The petitioner's father died on 26.08.2000. The petitioner, her mother and siblings are his legal representatives. The revenue documents for the above mentioned 2/5

property stands in the name of the 16 persons including the petitioner who is a co-owner. The petitioner submitted an on-line application dated 13.02.2024 in application No.2024/0123/10/000333 seeking survey of the above mentioned land and the same has not been considered till date. Therefore, the petitioner is before this Court.

4. Mr.P.Sathish, learned Additional Government Pleader, who takes notice for the respondents would submit that the 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 Additional Government Pleader, 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 13.02.2024 and pass final orders, after issuing notice to the petitioner and other patta holders and any other interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

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

24.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To

1. The Thasildar, Nambiyur Tahsildar Office, Nambiyur, Tamil Nadu - 638 458.

2. The Head of the Surveyor, Surveyor department, Nambiyur Tahsildar Office, Nambiyur, Tamil Nadu - 638 458.

3. The Firka Surveyor, Surveyor Department, Nambiyur Taluk Office, Erode, Tamil Nadu - 638 458.

4. The Village Administrative Officer, Karattupalayam Village Panchayat, Alukuli post, Nambiyur Taluk, Erode, Tamil Nadu - 638 457.

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S. SOUNTHAR, J.

av W.P No.31177 of 2024 24.10.2024 5/5