T.Durairaj, v. The Thasildar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.11.2023
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN T.Durairaj ... Petitioner versus 1.The Thasildar, Thasildar Office, The Collectorate, Omalur - 636 455, Salem.
2.The Principal Survey Officer, Survey Department, Tahsildar Office, Omalur -636 455, Salem District.
3.The Village Administrative Officer, Tharamangalam Post, Omalur, Salem - 636 455.
.....Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey, identify and Pg.Nos.1/6
measure and earmark the petitioner's property and to fix four boundaries in the property bearing Old Survey No.237/3, measuring to an extent of 900 sq.ft comprised in New Survey No.237/3 situated at Tharamangalam Village, Salem District and within the Sub-Registration District of Tharamangalam as per petitioner's representation dated 22.09.2023 within a time frame as may be fixed by this Court.
For Petitioner : Mrs.J.Malathi For Respondents : Mr.Yogesh Kannadasan Special Government Pleader
O R D E R
Mr.Yogesh Kannadasan, learned Special Government Pleader takes for the respondents. With the consent of both the parties the writ petition is taken up for final disposal at the admission stage, itself.
2. The petitioner has come up with the present writ petition, for a mandamus, directing the respondents to consider his representation dated 22.09.2023, wherein and whereby, he sought to survey, identify, measure and earmark the property and to fix four boundaries in respect of his Pg.Nos.2/6
property bearing Old Survey No.237/3, measuring an extent of 900 sq.ft comprised in New Survey No.237/3 situated at Tharamangalam Village, Salem District, within the Sub-Registration District of Tharamangalam.
3. The learned counsel for the petitioner submitted that though the petitioner has given representation dated 22.09.2023 to the respondents to measure the subject property and he has also paid adequate fees for the same, the respondents have not passed any order so far. Hence, the petitioner is before this Court.
4. The learned Special Government Pleader appearing for respondents submitted that the first respondent may be directed to consider the petitioner's representation and pass orders on merits in accordance with law, after giving notice to all the interested parties, within a time frame.
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 Pg.Nos.3/6
case, the first respondent is directed to consider the representation of the petitioner dated 22.09.2023, and pass appropriate orders, on merits and in accordance with law, after giving notice to all the interested parties, rival claimants and/or adjacent owners, within a period of three months from the date of receipt of a copy of this order.
6. Accordingly, this writ petition is disposed of. There shall be no order as to costs.
08.11.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms Pg.Nos.4/6
To 1.The Thasildar, Thasildar Office, The Collectorate, Omalur - 636 455, Salem.
2.The Principal Survey Officer, Survey Department, Tahsildar Office, Omalur -636 455, Salem District.
3.The Village Administrative Officer, Tharamangalam Post, Omalur,Salem - 636 455.
Pg.Nos.5/6
P.VELMURUGAN, J.
ms 08.11.2023 (3/4) Pg.Nos.6/6