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Madras High CourtWP/30917/2023disposed of

K.Yuvaraj v. The Thasildhar

2023-10-31Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN K.Yuvaraj ... Petitioner versus 1.The Thasildhar, Office of the Thasildhar, Gudiyatham Taluk, Vellore District.

2.The Town Surveyor, Office of the Gudiyatham Municipality, Gudiyatham Taluk, Vellore District.

3.The Assistant Director, Department of Commissionerate of Survey and Settlement, Survey and Land Records, Vellore District.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents herein to survey and demarcate the boundary of the petitioner's land and RCC Thatched building bearing Door No.21A/27F and 21A/27A/6 New Door No.143, Ward No.5, Block No.3 comprised in Town Survey No.209/2C3, 193/2 total measuring Page Nos.1/5

to an extent of 13081⁄4 sq.ft situated at Gudiyatham Municipality, Gudiyatham Taluk, Vellore District based on the fees remitted by the petitioner on 07.11.2022 within a period that may be stipulated by this Court.

For Petitioner : Mr.S.Arivazhagan For Respondents : Mr.R.P.Murugan Raja Government Advocate

O R D E R

Mr.R.P.Murugan Raja, learned Government Advocate takes notice for the respondents. With the consent of both the parties, the writ petition is taken up for final disposal at admission stage itself.

2. This writ petition has been filed seeking a mandamus to direct the respondents to survey and demarcate the boundary of the petitioner's land and RCC Thatched building bearing Door No.21A/27F and 21A/27A/6 New Door No.143, Ward No.5, Block No.3 comprised in Town Survey No.209/2C3, 193/2 total measuring to an extent of 13081⁄4 sq.ft situated at Gudiyatham Municipality, Gudiyatham Taluk, Vellore District based on the fees remitted by the petitioner on 07.11.2022 within a period that may be Page Nos.2/5

stipulated by this Court.

3. The learned counsel for the petitioner submitted that the petitioner has submitted an on-line application to the third respondent on 07.11.2022 to survey and demarcate the boundaries of the subject properties and he has also remitted adequate fees through on-line, however, for the past one year, there was no response from the respondents. Hence, the petitioner is before this Court by way of writ petition.

4. The learned Government Advocate appearing for the respondents submitted that that respondents may be directed to consider the petitioner's application and pass orders on merits in accordance with law.

5. 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 to consider the on-line application of the petitioner's dated 07.11.2022, and pass appropriate orders on merits and Page Nos.3/5

in accordance with law as expeditiously as possible, preferably within a period of two months from the date of receipt of a copy of this order.

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

31.10.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms To 1.The Thasildhar, Office of the Thasildhar, Gudiyatham Taluk, Vellore District.

2.The Town Surveyor, Office of the Gudiyatham Municipality, Gudiyatham Taluk, Vellore District.

3.The Assistant Director, Department of Commissionerate of Survey and Settlement, Survey and Land Records, Vellore District.

Page Nos.4/5

P.VELMURUGAN, J.

ms 31.10.2023 Page Nos.5/5