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Madras High CourtWP/30813/2024disposed of

J.Aslam Basha v. The Assistant Director

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.30813 of 2024 J.Aslam Basha

...Petitioner

Vs.

1. The Assistant Director Land Survey and land records, District Collector buildings, Sathuvachery, Vellore, Vellore District - 632 009.

2. The Thashildar, Thashildar Office, Gudiyatham Taluk, Arunachala Nagar, Gudiyatham, Vellore District - 632 602.

3. The Head Surveyor, Gudiyatham Taluk Office, Arunachala Nagar, Gudiyatham, Vellore District - 632 602.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing to the respondents to survey the property in old survey No.157/1 new survey No.151/7A, Pernambut Village, 1/5

Gudiyatham Taluk, Vellore District as per the challan No.20230726010996 dated 26.07.2023 and the reminder representation dated 14.08.2024 within the time limit as fix by this Court.

For Petitioner : M/s. Y.Kajanavas 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 property situated in old survey No.157/1 new survey No.151/7A, Pernambut Village, Gudiyatham Taluk, Vellore District, by considering his on-line application dated 26.07.2023 in challan No.20230726010996.

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 title of the petitioner along with his siblings was declared by the Civil Court in judgment and decree passed in 2/5

O.S.No.101 of 2013 on the file of the District Munsif Court, Gudiyatham. Now, the petitioner submitted an on-line application dated 26.07.2023 seeking survey of the property 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 would 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 second respondent to consider the on-line application of the petitioner dated 26.07.2023 and pass final orders, after issuing notice to all interested parties, within a period of eight 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.

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

1. The Assistant Director Land Survey and land records, District Collector buildings, Sathuvachery, Vellore, Vellore District - 632 009.

2. The Thashildar, Thashildar Office, Gudiyatham Taluk, Arunachala Nagar, Gudiyatham, Vellore District - 632 602.

3. The Head Surveyor, Gudiyatham Taluk Office, Arunachala Nagar, Gudiyatham, Vellore District - 632 602.

4/5

S. SOUNTHAR, J.

av W.P No.30813 of 2024 18.10.2024 5/5