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Madras High CourtWP/30451/2024disposed of

M.Periyasamy v. The Tahsildar

2024-10-18Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.30451 of 2024 1.M.Periyasamy 2.K.Somasundaram

...Petitioners

Vs.

1.The Tahsildar, Office of the Tahsildar, Tiruchengode Taluk, Tiruchengode, Namakkal District.

2.The Head Surveyor, Office of the Tahsildar, Tiruchengode, Namakkal District.

3.The Deputy Superintendent of Police, Rasipuram Taluk, Namakkal District.

4.The Inspector of Police, Vennandur Police Station, Rasipuram Taluk, Namakkal District.

..Respondents 1/5

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to forthwith survey and to fix the boundaries for the property of the petitioners in Survey Nos.101/3D, 101/3E, 101/3I, 101/3R and 101/3S, situated at Mamundi Village, Tiruchengode Taluk, Namakkal District, based on the on-line application of the petitioners dated 09.02.2024 with the assistance of the police.

For Petitioners : Mr.K.Selvaraj For Respondents : Mr.A.Selvendran for R1 & R2 Special Government Pleader : Mr.S.Sugendran for R3 & R4 Additional Public Prosecutor

O R D E R

The petitioners herein seek a direction to the respondents to survey their property situated in S.Nos.101/3D, 101/3E, 101/3I, 101/3R and 101/3S, situated at Mamundi Village, Tiruchengode Taluk, Namakkal District, by considering their online application dated 09.02.2024. 2/5

2. It is the case of the petitioners that they filed a suit for injunction against one K.L.Kaliannan (deceased) and others in O.S.No.296 of 2016 on the file of the Additional District Munsif, Tiruchengode and obtained a decree in respect of the above mentioned property. Thereafter, the petitioners submitted online application on 09.02.2024 in Application No.2024/0123/09/000363 seeking survey of the above mentioned property and the same has not been considered. Hence, the petitioners are before this Court.

3. Mr.A.Selvendran, learned Special Government Pleader who takes notice for the respondents 1& 2 would submit that the online application of the petitioners will be considered, on its own merits, within a time frame fixed by this Court.

4. In view of the same, without going into the merits of the claim made by the petitioners, this Court is inclined to issue a direction to the first respondent to consider the online application of the petitioners dated 09.02.2024 and pass final order, on its own merits, within a period of 8 weeks from the date of receipt of copy of this order, after issuing necessary notice to the petitioners, and other interested parties. 3/5

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

18.10.2024 (1/2) Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To 1.The Tahsildar, Office of the Tahsildar, Tiruchengode Taluk, Tiruchengode, Namakkal District.

2.The Head Surveyor, Office of the Tahsildar, Tiruchengode, Namakkal District.

3.The Deputy Superintendent of Police, Rasipuram Taluk, Namakkal District.

4.The Inspector of Police, Vennandur Police Station, Rasipuram Taluk, Namakkal District.

4/5

S.SOUNTHAR , J.

dna W.P No.30451 of 2024 (1/2) 18.10.2024 5/5