P.Velayutham v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.01.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.348 of 2023 P.Velayutham ....
Petitioner -Vs1.The Tahsildar Shoolagiri Taluk Krishnagiri District.
2.The Head Surveyor Taluk Office, Shoolagiri Krishnagiri District.
3.Pethappa Naidu 4.Chennappa Naidu 5.Munisamy 6.Muniappa ....
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents herein to Survey / Measure the petitioners lands measuring 0.66 cents in S.F.No. 72/2 3.01 acres in S.F.No.34/3 situate at Marandapalli Village and 1.32 acres in S.F. No. 47/1A situate at Thottur Village Soolagiri Taluk Krishnagiri District respectively by considering his two E-Challans dated 05.12.2022 and the representation dated 06.12.2022 within a stipulated period.
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For Petitioner : Mr.K.Govi Ganesan For Respondents : Mrs.Akila Rajendran Government Advocate-for RR 1&2 Notice dispensed with - R3 to R6
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondents herein to Survey / Measure the petitioners lands measuring 0.66 cents in S.F.No. 72/2 3.01 acres in S.F.No.34/3 situate at Marandapalli Village and 1.32 acres in S.F. No. 47/1A situate at Thottur Village Soolagiri Taluk Krishnagiri District respectively by considering his two E-Challans dated 05.12.2022 and the representation dated 06.12.2022 within a stipulated period.
2. The petitioner, in order to survey and measure the petitioner's land measuring 0.66 cents in S.F.No. 72/2 3.01 acres in S.F.No.34/3 situate at Marandapalli Village and 1.32 acres in S.F. No. 47/1A situate at Thottur Village Soolagiri Taluk Krishnagiri District, has given a representation dated 06.12.2022 attaching the e-challan dated 05.12.2022. In order to consider the same, the petitioner has moved the present writ petition.
3. Learned counsel for the petitioner would submit that, the private respondents 3 to 6 are opposing the move of the respondents 1 and 2 to survey 2 / 4
the land without any valid reason. Therefore, notice can be given to them as well as the petitioner and in the presence of all those parties, let the official respondents undertake the survey.
4. Learned Government Advocate appearing for the official respondents also expressed the same view. In view of the orders that is going to be passed in this writ petition, notice to the private respondents is dispensed with.
5. Having regard to the said submission made by the learned Government Advocate, and taking note of the factual matrix of the case, this Court is inclined to dispose of this writ petition with the following order. " That there shall be a direction to the respondents 1and 2 consider the application submitted by the petitioner dated 06.12.2022 and after issuing notice to both the petitioner as well as the private respondents, in the presence of both parties, shall undertake to survey the land in question and accordingly identify the four boundaries and communicate the same to the petitioner as well as the private respondents within a period of eight weeks from the date of receipt of a copy of this order." 3 / 4
R. SURESH KUMAR, J.
KST
6. With the above directions, this writ petition is disposed of. No costs. 06.01.2023 Index : Yes/No Speaking Order / Non-speaking order KST To 1.The Tahsildar Shoolagiri Taluk Krishnagiri District.
2.The Head Surveyor Taluk Office, Shoolagiri Krishnagiri District.
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