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Madras High CourtWP/33372/2023disposed of

Ponraj v. The Thasildar

2023-11-29Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN W.P.No. 33372 of 2023 Ponraj ... Petitioner

Versus

1. The Thasildar, Madathukulam Taluk, Tirupur District.

2. The Surveyor, Madathukulam Taluk, Tirupur District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to consider the representation dated 25.09.2023 and to survey the property adjacent to land in the Village of Thungavi-2, within the Survey No.349/2A in 1.50 acres area of Madathukkulam. For Petitioner :

Mr. S. Ranjith Kumar For Respondents :

Mr. P. Gurunathan Additional Government Pleader Page No.1 of 5

O R D E R

This Writ Petition is filed seeking a Writ of Mandamus directing the first and second respondents to consider the representation dated 25.09.2023 and to survey the property adjacent to land in the Village of Thungavi-2, within the Survey No.349/2A in 1.50 acres area of Madathukkulam.

2.

Since, this writ petition is filed for issuance of a simple writ of mandamus seeking a direction to the respondents to consider the representation of the petitioner, dated 25.09.2023, the learned counsel for the petitioner submitted that it is sufficient to issue direction to the respondents to dispose of the petitioner's representation, within a stipualted time as may be fixed by this Court.

3.

The learned Additional Government Pleader who takes notice for the respondents, submitted that a direction may be issued to the respondents, to consider the petitioner's representation dated 25.09.2023. Page No.2 of 5

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, this Court directs the respondents to give proper notice to the petitioner as well as the adjacent land owners of the four boundaries of the petitioner's subject property and also to the interested parties/rival claimants if any, and conduct the enquiry in the manner known to law and consider the said representation of the petitioner and pass appropriate orders on merits and in accordance with the law, within a period of two weeks from the date of receipt of a copy of this order. 5.

With the above directions, the Writ Petition is disposed of. No costs.

27.11.2023 Index : Yes/No Speaking order : Yes/No Neutral Case Citation : Yes/No klt Page No.3 of 5

To:

1. The Thasildar, Madathukulam Taluk, Tirupur District.

2. The Surveyor, Madathukulam Taluk, Tirupur District Page No.4 of 5

P. VELMURUGAN, J.

klt 29.11.2023 Page No.5 of 5