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Madras High CourtWP/33199/2024allowed

S.Murugesan v. The Tahsildar

2024-11-13Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA S.Murugesan

...Petitioner

Vs.

The Tahsildar Sankari Taluk, Salem District.

...Respondent

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondent to conduct survey measurement to fix four boundaries to petitioner land measuring an extent of 0.26 hec. 0.26.0 acre 0.64, bearing Survey No.28/4, Kaveripatty Village, Sankari Taluk, Salem District, based on the petitioner's Application No. 2024/ 0123/ 08/ 005204 dated 23.09.2024.

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For Petitioner :

Mr. A.Saravanan For Respondent :

Mr. G.Velu Additional Government Pleader.

O R D E R

The above Writ Petition has been filed seeking a mandamus to the respondent to consider the petitioner's representation dated 23.09.2024, seeking to survey the petitioner's property comprised in Survey No.28/4, Kaveripatty Village, Sankari Taluk, Salem District.

2. The grievance of the petitioner is that despite making the representation on 23.09.2024, the respondent has not proceeded to survey the land in question.

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

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4. Considering the facts and circumstances of the case, the respondent is directed to consider the petitioner's representation and conduct survey of the subject property. The petitioner shall submit all the relevant records to show his title to the property and the 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. The said exercise shall be completed within a period of 6 weeks from the date of receipt of a copy of this order.

5. The Writ Petition is allowed. No costs.

13.11.2024 Index : Yes/No Internet : Yes/No kan 3/6

To The Tahsildar Sankari Taluk, Salem District.

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P.T. ASHA, J, kan W.P.No. 33199 of 2024 5/6

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