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Madras High CourtWP/32053/2023disposed of

P.Lokesh v. The Tahsildar

2023-12-06Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2023 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P. No.32053 of 2023 and W.M.P. No.31643 of 2023 P.Lokesh ... Petitioner Vs.

1. The Tahsildar Poonamalee Taluk Tiruvallur District

2. The Revenue Inspector Poonamallee Taluk Tiruvallur Division

3. The Surveyor Poonamallee Taluk Tiruvallur Division

4. The Block Development Officer Poonamallee Panchayat Union Poonamallee, Chennai - 600 056 ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the respondents 1 to 3 herein to conduct a survey of the lands comprised in survey Nos.116/2A1B, 117/5, 119/1A, 119/5, 34/4B2 and 79/28 of Pidarithangal Village, Poonamallee Taluk, Tiruvallur District, owned by the petitioner and his brother and demarcate the boundaries of the same pursuant to the e-application made by the petitioner vide challan No.20230727022610 dated 27.07.2023, within a time to be fixed by this Court.

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For Petitioner : Mr.N.Ramakrishnan for M/s.ARK Law Associates For R1 to R3 : Mr.V.Veluchamy Additional Government Pleader For R4 : Mrs.N.Senthil Selvi Government Advocate

ORDER

This writ petition is filed seeking to issue a writ of Mandamus directing the respondents 1 to 3 herein to conduct a survey of the lands comprised in survey Nos.116/2A1B, 117/5, 119/1A, 119/5, 34/4B2 and 79/28 of Pidarithangal Village, Poonamallee Taluk, Tiruvallur District, owned by the petitioner and his brother and demarcate the boundaries of the same pursuant to the e-application made by the petitioner vide challan No.20230727022610, dated 27.07.2023, within the time as may be fixed by this Court. 2.Today, when the matter is taken up for hearing, the learned counsel for the petitioner submitted that it would suffice if a direction is issued to the respondents to consider the petitioner's application dated 27.07.2023 within a stipulated time as may be fixed by this Court.

3. Heard the learned Additional Government Pleader appearing for the the respondents 1 to 3 and the learned Government Advocate appearing for 2/5

the 4th respondent.

4. Having regard to the submissions made by the learned counsel on either side and 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 petitioner's eapplication dated 27.07.2023 and conduct enquiry in the manner known to law and pass orders on merits and in accordance with law, after giving notice and opportunity of hearing to the petitioner, adjacent land owners of the four boundaries of the subject property and also interested parties/rival claimants if any, within a period of two months from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. There shall be no order as to costs.

06.12.2023 (1/2) ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The Tahsildar Poonamalee Taluk Tiruvallur District

2. The Revenue Inspector Poonamallee Taluk Tiruvallur Division

3. The Surveyor Poonamallee Taluk Tiruvallur Division

4. The Block Development Officer Poonamallee Panchayat Union Poonamallee, Chennai - 600 056 4/5

P.VELMURUGAN. J.

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