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Madras High CourtWP/33530/2023disposed of

Sellamuthu v. The Thasildar

2023-11-30Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Sellamuthu ... Petitioner versus 1.The Tahsildar, The Office of the Sankarapuram Taluk, Kallakurichi District.

2.The Surveyor, Sankarapuram Taluk, Kallakurichi District.

.....Respondents Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to survey, measure and fix the boundaries and sub-divide the same and issue separate patta in respect of said property comprised in Old Survey No.221/2B-076.5 Acres (as per joint Patta Now present New Survey No.221/2B1A) of an extent of 08 cents Agriculture land situated at Mallapuram Village, Sankarapuram Taluk, Kallakurichi District based on the petitioner's application dated 18.02.2019, 15.06.2023 and 29.09.2023 within the time stipulated by this Court.

For Petitioner : Ms.T.Rajeshwari Pg.Nos.1/5

for Mr.S.Rajaguru For Respondents : Mrs.Senthil Selvi Government Advocate

O R D E R

Mrs.Senthil Selvi, learned Government Advocate accepts notice for the respondents. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage, itself.

2. The petitioner herein has given applications to the respondents on 18.02.2019, 15.06.2023 and 29.09.2023, respectively, seeking to survey, measure and fix the boundaries and sub-divide and issue separate Patta in respect of the petitioner's land comprised in Old Survey No.221/2B-076.5 Acres (as per joint Patta Now present New Survey No.221/2B1A) of an extent of 08 cents Agriculture land situated at Mallapuram Village, Sankarapuram Taluk, Kallakurichi District. Since the said applications have not been considered till date, the present Writ Petition has been filed.

3. The learned Government Advocate appearing for respondents Pg.Nos.2/5

submitted that respondents may be directed to consider the petitioner's applications and pass orders on merits in accordance with law.

4. 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, the respondents are directed to consider the applications of the petitioner dated 18.02.2019, 15.06.2023 and 29.09.2023, respectively, and pass appropriate orders, on merits and in accordance with law, after giving notice to all the interested parties/rival claimants and adjacent owners, and after conducting enquiry, 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. There shall be no order as to costs.

30.11.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms Pg.Nos.3/5

To 1.The Tahsildar, The Office of the Sankarapuram Taluk, Kallakurichi District.

2.The Surveyor, Sankarapuram Taluk, Kallakurichi District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 30.11.2023 Pg.Nos.5/5