M.Sivakumar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN M. Sivakumar ... Petitioner

Versus

1. The Tahsildar, Office of Tahsildar, Pochampalli Taluk, Krishnagiri District.

2. The Firka Surveyor, Pochampalli Taluk, Krishnagiri 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 to dispose the representation dated 07.10.2023 to measure the land situated at Survey No. 24/1 measuring an extent of 0.30 cents and Punjai Survey No.24/4 measuring an extent of 0.16 cents, totally 0.46 cents Veeramalai Village, Pochampalli Taluk, Krishnagiri District and earmark the boundaries.

For Petitioner :

Mr. M. Vignesh For Respondents :

Mr. Yogesh Kannadasan, Special Government Pleader.

O R D E R

This Writ Petition is filed for a "simplicitor mandamus", to direct the respondents to dispose the petitioner's representation dated 07.10.2023 to measure the land situated at Survey No. 24/1 measuring extent of 0.30 Page No.1 of 5

cents and Punjai Survey No.24/4 measuring extent of 0.16 cents, totally 0.46 cents Veeramalai Village, Pochampalli Taluk, Krishnagiri District and earmark the boundaries.

2.

The case of the petitioner is that he purchased the lands in S.No.24/1, measuring 0.30 cents and S.No.24/4, measuring 0.16 cents in Veeramalai Village, Pochampalli Taluk, Krishnagiri District from one Mr.G.Manokaran and one Mr.G.Pachaiyappan through a registered Sale Deed Doc.No.2090/2022. Though the petitioner had paid a sum of Rs.800/- on 06.10.2023 through Challan No.20231006033394 at the Office of the Assistant Director, Survey and Land records, Krishnagiri, for surveying and measuring the lands, and thereafter, submitted a representation dated 07.10.2023, before the first respondent for the said relief, no action has been taken so far to survey and measure the lands. Being dejected with the lethargic attitude on the part of the respondents, the petitioner is before this Court with the above writ petition. 3.

Mr. Yogesh Kannadasan, learned Special Government Pleader takes notice on behalf of the respondents and has submitted that if a Page No.2 of 5

direction is given to the respondents, they will consider the petitioner's representation dated 07.10.2023 for surveying and measuring the subject properties and pass appropriate orders thereon on merits. 4.

Considering the limited nature of prayer sought for in this Writ Petition, this Court directs the first respondent to consider the representation of the petitioner dated 07.10.2023 and issue notice to the petitioner as well as the adjacent land owners of the four boundaries of the subject properties and also to the interested parties/rival claimants, if any, and after giving notice to the parties, conduct an enquiry in a manner known to law and pass orders on merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order. 5.

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

29.11.2023 Index : Yes/No Speaking Order : Yes/No NeutralCase Citation : Yes/No Page No.3 of 5

To

1. The Tahsildar, Office of Tahsildar, Pochampalli Taluk, Krishnagiri District.

2. The Firka Surveyor, Pochampalli Taluk, Krishnagiri District.

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P. VELMURUGAN, J.

klt 29.11.2023 Page No.5 of 5