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Madras High CourtWP/32775/2024allowed

J.Thangamani v. The Tahsildar

2024-11-11Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2024

CORAM

THE HON'BLE MS.JUSTICE P.T.ASHA J.Thangamani ... Petitioner Vs.

1. The Tahsildar, Vandavasi Taluk, Tiruvannamalai District.

2. The Field Surveyor, Vandavasi Taluk, Tiruvannamalai District.

3. Adjith Dass ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Mandamus to direct the 1st Respondent to consider and pass orders on the petitioners appeal dated 12.03.2024, seeking to survey the petitioner's property.

For Petitioner : Mr.D.Devendran For Respondents :

For R1 & R2 : Mr.A.Selvendran Special Government Pleader Page No. 1 of 4

ORDER

Aggrieved by the refusal on the part of the 2nd Respondent to conduct a survey of the Petitioner's property comprised in New S.No.657/12, (Old S.No.456/1) at Kilsathamangalam Village, Vandavasi Taluk, Tiruvannamalai District measuring an extent of 10 cents. The Petitioner has preferred an appeal to the 1st Respondent. The 1st Respondent has issued a notice on 03.06.2024 calling upon the parties namely the Petitioner and the 3rd Respondent to appear in an enquiry on 06.06.2024. The enquiry had been conducted however, to date orders have not been passed in the above matter and therefore, the aggrieved petitioner is before this Court.

2. Heard the learned counsel on either side.

3. Having held an enquiry on 06.06.2024, the 1st Respondent who has accepted the payment for survey on 03.05.2024 has not passed orders. It is a clear dereliction of the statutory duty imposed on him. Therefore, the Writ Petition is allowed and a mandamus is issued to the 1st respondent to consider and pass orders on the petitioner's appeal dated 12.03.2024 in accordance with law within a period of (8) weeks from the date of receipt of a copy of this order.

Page No. 2 of 4

4. With these observations and directions, the Writ Petition is allowed. No cost.

11.11.2024 Index : Yes/No Speaking/Non-speaking Order rgm To

1. The Tahsildar, Vandavasi Taluk, Tiruvannamalai District.

2. The Field Surveyor, Vandavasi Taluk, Tiruvannamalai District.

Page No. 3 of 4

P.T.ASHA, J.

rgm 11.11.2024 Page No. 4 of 4