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Madras High CourtWP/36941/2024allowed

S.Nandini v. The Tahsildar

2024-12-11Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA S.Nandini ... Petitioner Vs.

1.The Tahsildar Thalavadi Taluk Erode District 638 461 2.The Head Surveyor Thalavadi Taluk Office Erode District 638 461 3.The Surveyor Thalavadi Taluk Office Erode District 638 461 4.The Inspector Of Police Thalavadi Police Station, Thalavadi District 638 461

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the 3rd respondent to survey the petitioners land in Survey No 18/1B, Erode District, Thalavadi Taluk, Eraganahalli Village, Thalavadi Taluk, Erode District based on petition No. 2024 / 0123 / 10 / 002071, E-Challan dated 10.09.2024.

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For Petitioner : M/s.S.P.Vishnu Prasath For Respondents : M/s.A.Selvendran, Spl. GP.

for R.1 to R.3 , M/s. R.Vinoth Raja, Govt. Advocate (Crl.Side) for R.4.

O R D E R

The above Writ Petition has been filed to direct the 3rd respondent to survey the petitioners land in Survey No 18/1B, Erode District, Thalavadi Taluk, Eraganahalli Village, Thalavadi Taluk, Erode District based on petition No. 2024 / 0123 / 10 / 002071, E-Challan dated 10.09.2024.

2. The grievance of the petitioner is that despite submitting an online application on 10.09.2024, the respondents 1 to 3 have not taken any steps to survey the land in question.

3. Heard the learned counsel for the petitioner, the learned Special Government Pleader accepting notice for respondents 1 to 3 and the learned Government Advocate (Crl.Side) accepting notice for the 4th respondent.

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4. Considering the facts and circumstances of the case, the respondents 1 to 3 are directed to consider the petitioner's online application and conduct survey of the subject property. The petitioner shall submit all the relevant records to show her title to the property and the respondents 1 to 3 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 12 weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs.

11.12.2024 (shr) Index : Yes/No Speaking Order: Yes/No 3/5

To 1.The Tahsildar Thalavadi Taluk Erode District 638 461 2.The Head Surveyor Thalavadi Taluk Office Erode District 638 461 3.The Surveyor Thalavadi Taluk Office Erode District 638 461 4.The Inspector Of Police Thalavadi Police Station, Thalavadi District 638 461 4/5

P.T. ASHA . J., (shr) 11.12.2024 5/5