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Madras High CourtWP/34952/2022disposed of

Seenivasan v. The Tahsildar

2023-01-03Honourable Mr Justice R. Suresh Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Seenivasan ... Petitioner Vs 1.The Tahsildar, Soolagiri Taluk, Krishnagiri District.

2.The Head Surveyor, Taluk Office, Soolagiri, Krishnagiri District.

3.Mathappa 4.Venkatasamy 5.Narayanappa 6.Veerappa 7.Thimmarayappa 8.Naga 9.Kondappa 10.Venkatasamy 11.Gillesh 12.Konda @ Daya 13.Krishnappa 14.Bhaktaraj ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents herein to survey/measure the petitioner's lands measuring 1.49 acres in 1/5

S.F.No.147/3A situate at Athimugam Village, Soolagiri Taluk, Krishnagiri District by considering his E-Challan dated 29.11.2022 and the representation dated 30.11.2022.

For Petitioner : Mr.K.Govi Ganesan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader for R1 & R2

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the respondents herein to survey/measure the petitioner's lands measuring 1.49 acres in S.F.No.147/3A situate at Athimugam Village, Soolagiri Taluk, Krishnagiri District by considering his E-Challan dated 29.11.2022 and the representation dated 30.11.2022.

2. The petitioner claims that the land to the extent of 1.49 acres in S.F.No.147/3A situated at Athimugam Village, Soolagiri Taluk, Krishnagiri District belongs to the petitioner. In order to survey the land and identify the boundaries, the petitioner had made an application on 30.11.2022 and paid the fee through online on 29.11.2022. Therefore in order to consider the said application and to measure the land, the petitioner has approached this Court by filing the present writ petition.

3. Heard Mr.K.Govi Ganesan, learned counsel appearing for the 2/5

petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader for the respondents 1 and 2. In view of the order going to be passed in this writ petition, notice to the respondents 3 to 14 are hereby dispensed with.

4. The learned Special Government Pleader would submit that, since there are other neighbours who are the respondents herein who might raise any objection, therefore considering all these aspects, an application submitted by the petitioner would be considered and the needful would be undertaken by the respondents within a time frame that may be stipulated by this Court.

5. Having regard to the said submission made by the learned Special Government Pleader for the respondents 1 and 2 and taking note of the aforesaid factual matrix, this Court is inclined to dispose of this writ petition with the following order:

There shall be a direction to the respondents 1 and 2 to consider the application of the petitioner dated 30.11.2022 along with fee paid by him dated 29.11.2022 for the purpose of surveying the land in question and after giving an opportunity 3/5

of being heard to both the petitioner as well as the private respondents herein the needful shall be undertaken by the respondents 1 and 2 within a period of eight weeks from the date of receipt of a copy of this order.

6. With this direction, this Writ Petition is disposed of. No costs. 03.01.2023 Index : Yes/No Speaking Order : Yes/No Sgl To 1.The Tahsildar, Soolagiri Taluk, Krishnagiri District.

2.The Head Surveyor, Taluk Office, Soolagiri, Krishnagiri District.

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R.SURESH KUMAR, J.

Sgl 03.01.2023 5/5