G.Munusami v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA G.Munusami ... Petitioner Vs.

1.The State represented by The Tashildhar, Pallavaram Taluk Office, Pallavaram Taluk, Chengalpattu District.

2.The Head Surveyor, Surveyor Office (Taluk Office Building) Pallavaram Taluk Office, Pallavaram Taluk, Chengalpattu District.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, directing the respondents to dispose of the petitioner representation dated 25.09.2023 for surveying the petitioner land in the survey in Patta No.399, Survey No. 201/3B, measuring about 7 cents and in Survey No.201/4 measuring about 13 cents totally 20 cents and in petitioner share 8720 sq.feet, within the New Town Survey Land Registrar block No. 25, Survey field No.12, Sub Division No. 5, New Survey No. 201/4, by the respondents within a time frame as may be fixed by this Hon'ble Court..

For Petitioner : M/s.P.Arumugam For Respondents :M/s.A.Selvendran, for R.1 and R.2 1/5

O R D E R

The Writ Petition is filed to direct the respondents to dispose of the petitioner representation dated 25.09.2023 for surveying the petitioner's land in the survey in Patta No.399, Survey No.201/3B, measuring about 7 cents and in Survey No.201/4 measuring about 13 cents totally 20 cents and in petitioner share 8720 sq.ft. within the New Town Survey Land Registrar block No. 25, Survey field No.12, Sub Division No.5, New Survey No. 201/4, by the respondents within a time frame.

2. It is the case of the petitioner that the properties, comprised in S.Nos.201/3B and 201/4 measuring an extent of 7 cents and 13 cents respectively situate at Zamin Pallavaram Village, Chengalpattu District, Pallavaram Taluk, allotted to the share of the petitioner under a registered partition deed dated 06.09.2021, registered as document no.7617/2021, on the file of the Sub Registrar Office, Pallavaram. Since there was a disturbance in his enjoyment of the subject property by some unknown persons, the petitioner had made an application with necessary charges on 25.09.2023 to the 1st respondent to measure and demarcate the subject property. The same had not been considered to date. 2/5

3. It is the further case of the petitioner that he had also filed a petition before the Mediation Centre at Alandur in L.S.P.No.24/2023 for measuring the property and demarcating the same. This attempt of the petitioner had also gone in vain as the respondent had not appeared before the Mediation Centre at Alandur. Therefore, the petitioner is before this Court.

4. Heard the learned counsel on either side.

5. Considering the request of the petitioner and also the fact that the petitioner has made his representation as early as on 25.09.2023, a mandamus is issued to the respondents to consider and pass orders on the petitioner's representation dated 25.09.2023, within a period of 6 weeks from the date of receipt of a copy of this order. In the case of a rejection, a speaking order shall be passed.

6. With the above directions, this Writ Petition is allowed. No costs. 11.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No 3/5

To 1.The Tashildhar, Pallavaram Taluk Office, Pallavaram Taluk, Chengalpattu District.

2.The Head Surveyor, Surveyor Office (Taluk Office Building) Pallavaram Taluk Office, Pallavaram Taluk, Chengalpattu District.

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P.T. ASHA . J., (shr) 11.11.2024 5/5