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Madras High CourtWP/30691/2023disposed of

Ali Akbar v. The Tahsildar

2023-10-30Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.10.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Ali Akbar ... Petitioner Vs.

1. The Tahsildar, Veppanthattai Taluk Office, Perambalur District.

2. The Land Surveyor, Veppanthattai Taluk Office, Perambalur District.

3. The Inspector of Police, V.Kalathur Police Station, Perambalur District.

4. Hamja Sayibu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first and second respondents to survey and fix boundaries for the petitioner's land to an extent of 18750 sq.ft bearing survey No.34/4A, situated at Agaram Village, V.Kalathur, Veppanthattai Taluk, Perambalur District based on sale deed No.1842 of 2007 dated 26.06.2007 on the file of Sub

Registrar's Office, Valikandapuram, by considering his representation/Application dated 02.11.2022, within the time limit to be stipulated by this Court and also direct the third respondent to provide necessary protection for the same.

For Petitioner : Mr.M.Vijayaragavan For R1 & R2 : Mr.Yogesh Kannadasan Special Government Pleader For R3 : Mr.S.Sugendran Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking a Writ of Mandamus directing the first and second respondents to survey and fix boundaries for the petitioner's land to an extent of 18750 sq.ft bearing survey No.34/4A, situated at Agaram Village, V.Kalathur, Veppanthattai Taluk, Perambalur District based on sale deed No.1842 of 2007 dated 26.06.2007 on the file of Sub Registrar's Office, Valikandapuram, by considering his representation dated 02.11.2022, within the time limit as stipulated by this Court and also to direct the third respondent to provide necessary protection for the same.

2.Today, when the matter is taken up for hearing, the learned counsel appearing for the petitioner submitted that it would suffice if a direction is issued to the respondents 1 and 2 to consider the representation of the petitioner dated 02.11.2022. 3.Mr.Yogesh Kannadasan, learned Special Government Pleader, who accepts notice for the respondents 1 and 2 submitted that the respondents may be directed to consider the petitioner's representation dated 02.11.2022 and pass orders in accordance with law.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents 1 and 2 to consider the representation of the petitioner dated 02.11.2022 after conducting enquiry and pass orders in accordance with law, after issuing notice to all the interested parties, as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

30.10.2023 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Tahsildar, Veppanthattai Taluk Office, Perambalur District.

2. The Land Surveyor, Veppanthattai Taluk Office, Perambalur District.

3. The Inspector of Police, V.Kalathur Police Station, Perambalur District.

P.VELMURUGAN, J.

mfa 30.10.2023