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Madras High CourtWP/35265/2023disposed of

M.S.Senthilkumar v. The Tahsildar

2024-01-23Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN M.S.Senthil Kumar ... Petitioner versus 1.The Tahsildar, Kundrathur Taluk, Kanchipuram District.

2.The Surveyor, Serapanacheri, Kundrathur Taluk, Kanchipuram.

3.The Assistant Engineer/O & M, TNEB Padapai, 1/199, 2nd Street, Anna Nagar, Padapai - 601 301.

4.S.Veeran 5.K.Arumugam ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey Pg.Nos.1/5

the petitioner's land in Kanchipuram District, Sriperumbudur Taluk, Nattarasanpattu Village, under Patta No.1373 in Punjai S.No.60/1 to an extent of 1.04 cents and S.No.60/2 to an extent of 0.28 cents (totally 1.32 cents) as per the petitioner's application dated 24.09.2023 vide e-challan No.20230924000344.

For Petitioner :

Mr.K.Jayaraman For Respondents :

Mrs.V.Yamunadevi Special Government Pleader for R1 and R2 Mr.L.Jaivenkatesh Standing Counsel for TANGEDCO for R3 No appearance for R4 Mr.M.Balasubramanian for R5

O R D E R

The writ petitioner has given a representation to the first respondent herein on 23.11.2023, seeking to survey his Punjai lands in S.No.60/1 measuring an extent of 1.04 cents and S.No.60/2 measuring an extent of 0.28 cents (totally 1.32 cents) situated at Kanchipuram District, Sriperumbudur Taluk, Nattarasanpattu Village, under Patta No.1373, by paying requisite fees through e-challan bearing No.20230924000344, dated Pg.Nos.2/5

24.09.2023. Since the said representation have not been considered till date, the present writ petition has been filed.

2. Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing for respondents 1 and 2 and the learned Standing counsel appearing for the third respondent and the learned counsel appearing for the fifth respondent and also perused the materials available on record.

3. Despite service of notice, the fourth respondent has not chosen to enter appearance either through a counsel or in person.

4. This Court, at this stage, is not expressing any view on the merits of the matter, as it is for respondents 1 and 2 to consider and decide the same on merits and in accordance with law. Since the limited prayer sought for in this writ petition is for disposal of the representation, this Writ Petition is disposed of, by directing the respondents 1 and 2 to consider the representation of the petitioner dated 23.11.2023, after giving due Pg.Nos.3/5

opportunity of hearing to the petitioner, respondents 3 to 5 herein as well as the rival claimants / interested parties / adjacent owners of four boundaries of the subject properties, as the case may be, and after conducting an enquiry in the manner known to law and pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. 23.01.2024 Index: Yes/No Speaking Order : Yes / No ms To 1.The Tahsildar, Kundrathur Taluk, Kanchipuram District.

2.The Surveyor, Serapanacheri, Kundrathur Taluk, Kanchipuram.

3.The Assistant Engineer/O & M, TNEB Padapai, 1/199, 2nd Street, Anna Nagar, Padapai - 601 301.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 23.01.2024 Pg.Nos.5/5