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Madras High CourtWP/31723/2023disposed of

G.Tamilselvi v. The Tahsildar

2023-11-15Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN G.Tamilselvi ... Petitioner Vs.

1. The Tahsildar, Pochampalli Taluk, Krishnagiri District.

2. The Taluk Surveyor, Pochampalli Taluk, Krishnagiri District.

3. Murugesan

4. Thamarai Selvan

5. Ganesan

6. Sakthivel

7. Ramamoorthy ...

Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct survey the petitioner's land in S.F.No.187/1B bearing Patta No.2619 and S.F.No.188/3A bearing Patta No.1879 Dhamodarahalli Village, Pochampalli Taluk, Krishnagiri District as per petitioner's title documents and revenue records by considering petitioner's representation dated 13.03.2023 and 03.04.2023.

For Petitioner : Mr.R.Prabakar For R1 and R2 : Mr.P.Gurunathan Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct survey in the petitioner's land in S.F.No.187/1B bearing Patta No.2619 and S.F.No.188/3A bearing Patta No.1879 Dhamodarahalli Village, Pochampalli Taluk, Krishnagiri District, by considering petitioner's representations dated 13.03.2023 and 03.04.2023.

2. Learned counsel appearing for the petitioner submitted that the

petitioner had made representation dated 13.03.2023 for conducting survey in the petitioner's land. However, the respondents had not taken any action. Hence, the petitioner made a representation on 03.04.2023. Even then, no steps were taken by the respondents to consider his representation. Hence, the petitioner has come up with the writ petition. 3.Mr.P.Gurunathan, learned Additional Government Pleader who accepts notice for the respondents 1 and 2 submitted that the respondents 1 and 2 may be directed to consider the petitioner's representations dated 13.03.2023 and 03.04.2023 and pass orders on merits in accordance with law.

4. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents. Since there is no adverse order passed against the private respondents, notice to the private respondents is dispensed with.

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 official respondents to consider the petitioner's representations dated 13.03.2023 and 03.04.2023 and conduct the survey in the petitioner's land in accordance the law, if the petitioner is otherwise eligible, after issuing notice to all the adjacent land owners namely, all the land owners of the four boundaries of the the petitioner' s land, the private respondents herein and all the interested parties/rival claimants if any. The abovesaid exercise shall be completed within period of two months from the date of receipt of a copy of this order. If any objection is made by the third parties or private respondents or if they restraining the official respondents to conduct survey, the official respondents are directed to deal them in the manner known to law.

6. With the abovesaid direction, the Writ Petition is disposed of.

There shall be no order as to costs.

15.11.2023 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Tahsildar, Pochampalli Taluk, Krishnagiri District.

2. The Taluk Surveyor, Pochampalli Taluk, Krishnagiri District.

P.VELMURUGAN, J.

mfa 15.11.2023