Shakkthi v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Shakkthi

...Petitioner

Vs.

1.The Thasildar Avinashi Taluk, Tiruppur District 2.The Head Surveyor Avinashi Taluk Office, Avinashi, Tiruppur District 3.The Inspector of Police Avinashi Police Station, Avinashi, Tiruppur District.

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the 1st respondent to take steps to measure and 1/7

demarcate the property being all that piece and parcel of land comprised in survey no. 104 to an extent of 2.67 3/4 acres situated at a Karumapalayam Village, Avinashi Taluk, Tiruppur District, and based on the petitioners application dated 17.10.2024 and to put the fencing the property with the help of 3rd respondent. For Petitioner :

Mr. M.Selvam For Respondents :

Mr. A.Selvendran Special Government Pleader.

O R D E R

The above Writ Petition has been filed seeking mandamus to the 1st respondent to consider the petitioner's representation dated 17.10.2024, seeking to survey the petitioner's property comprised in Survey No. 104 to an extent of 2.67 3⁄4 acres situated at Karumapalayam Village, Avinashi Taluk, Tiruppur District. 2/7

2. The grievance of the petitioner is that despite making the representation on 17.10.2024, the 1st respondent has not proceeded to survey the land in question.

3. Heard the learned counsels on the either side and perused the records.

4. The petitioner has made a representation on 17.10.2024 and on 22.10.2024 filed the Writ Petition. The petitioner is attempting to jump the queue by rushing to the Court without even affording time to the respondents to proceed on his application.

5. Considering the facts and circumstances of the case, the 1st respondent is directed to consider the petitioner's representation as per serial number of the applications pending before the 1st respondent. The 1st respondent shall conduct survey of the subject property. The 3/7

petitioner shall submit all the relevant records to show his title to the property and the 1st respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed.

6. The Writ Petition is disposed of. No costs. 04.11.2024 Index : Yes/No Internet : Yes/No kan 4/7

To 1.The Thasildar Avinashi Taluk, Tiruppur District 2.The Head Surveyor Avinashi Taluk Office, Avinashi, Tiruppur District 3.The Inspector of Police Avinashi Police Station, Avinashi, Tiruppur District.

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P.T. ASHA, J, kan W.P.No. 32659 of 2024 6/7

04.11.2024 7/7