R.Arulamani v. The Thashildhar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA R.Arulamani ... Petitioner Vs.

1.The Thashildhar, Office Of The Thashildhar, Kengavalli Post, Salem.

2.The Surveyor,(Land), Kengavalli Post, Salem.

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the 2nd respondent to survey petitioner property in Manmalai palakkadu post of Kengavalli Taluk at Salem District of S. No. 447/7 and Patta No. 128 according to paid necessary charge in E-Receipt No. 20230321004418 and further direction directing the 1st and 2nd Respondent to consider petitioner representation dated 21/03/2023 and 21/8/2024 within stipulated time limit fixed by this Honble Court. 1/4

For Petitioner : M/s.G.Kumaresan For Respondents : M/s.S.Jayachandran, Govt. Advocate for respondents 1 & 2

O R D E R

The above Writ Petition has been filed to direct the 2nd respondent to survey petitioner's property in Manmalai Palakkadu Post of Kengavalli Taluk at Salem District of S.No.447/7 and Patta No.128 and further direct the 1st and 2nd Respondents to consider petitioner's representations dated 21/03/2023 and 21/08/2024.

2. The grievance of the petitioner is that despite making the representations on 21.03.2023 and 21.08.2024, the 2nd respondent has not taken any steps to survey the land in question.

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

4. Considering the facts and circumstances of the case, the 2nd respondent is directed to consider the petitioner's representations and 2/4

conduct survey of the subject property. The petitioner shall submit all the relevant records to show his title to the property and the 2nd 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. With the above directions, this Writ Petition is allowed. No costs.

26.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Thashildhar, Office Of The Thashildhar, Kengavalli Post, Salem.

2.The Surveyor,(Land), Kengavalli Post, Salem.

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P.T. ASHA . J., (shr) 26.11.2024 4/4