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Madras High CourtWP/34236/2024allowed

Muthusamy v. The Tahsildar

2024-11-15Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Muthusamy ....

Petitioner Vs 1.The Tahsildar, Sendamangalam Taluk, Namakkal District.

2.The Head Surveyor, Sendamangalam Taluk, Namakkal District.

....

Respondents Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus to direct the respondent to process the Challan Number 20231218007875 dated 18.12.2023 and application number 2023/ 0123/09/000102 dated 19.12.2023 for survey No.465/1A and to do the survey and to fix the boundaries in respect of the petitioners property situated at Thirumalaipatti Village, Sendamangalam Taluk, Namakkal District.

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For Petitioner :

Mr.R.Thirumoorthy For Respondents :

Mr.G.Velu Additional Government Pleader

ORDER

The petitioner had submitted an application for surveying and fencing the boundaries in respect of the property situated at Tirumalaipatti Village, Sendamangalam Taluk, Namakkal District, by paying the requisite charges on 18.12.2023 in Challan No.20231218007875 and making an application in No.2023/0123/09/000102 on 19.12.2023.

2. Though this application has been made even as early as on December, 2023, the respondent has not taken any steps towards surveying the property. Therefore, the petitioner is before this Court.

3. Taking note of the fact that though nearly a year has passed since the application of the petitioner, the respondent has failed to perform the statutory duty caused upon him.

4. Therefore, a mandamus is issued to the respondent to 2/4

conduct the survey and fix the boundaries, after issuing notice to the adjacent land owners and interested parties and affording them an opportunity of hearing to the parties and proceeding with the survey and demarcation in case no objections are received. In case objections are received, the respondent shall consider the same and pass a speaking order. The aforesaid exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order.

5. With the above direction, this writ petition is allowed. No costs.

15.11.2024 Index : Yes/No Internet : Yes/No Lpp P.T. ASHA, J, Lpp 3/4

To 1.The Tahsildar, Sendamangalam Taluk, Namakkal District.

2.The Head Surveyor, Sendamangalam Taluk, Namakkal District.

W.P.No. 34236 of 2024 15.11.2024 4/4