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Madras High CourtWP/3315/2024disposed of

Mohammed Riyazudeen v. The Tahsildar

2024-02-14Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Mohammed Riyazudeen ... Petitioner Vs.

1. The Tahsildar Kallakurichi Taluk Kallakurichi District

2. The Head Surveyor Kallakurichi Taluk Kallakurichi District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to survey the measurement of the petitioner's property comprised in Periyampattu Village Survey No.132/5A-0.54.00 Ares, 132/6B-0.74.00 Ares and 132/6A-0.15.50 Ares vide Document No.1715 of 2006 on the file of SRO, Thiyagadurgam at Kallakurichi District pursuant to the petitioner's representation dated 18.10.2023.

For Petitioner : Mr.T.Balachandran For Respondents : Mr.S.J.Mohamed Sathik Government Advocate 1/5

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the respondents to survey the measurement of the petitioner's property comprised in Periyampattu Vilalge Survey No.132/5A-0.54.00 Ares, 132/6B-0.74.00 Ares and 132/6A-0.15.50 Ares vide Document No.1715 of 2006 on the file of SRO, Thiyagadurgam at Kallakurichi District pursuant to the petitioner's representation dated 18.10.2023.

2. The contention of the petitioner is that he made online application on 09.02.2023 to survey his lands and also paid the necessary charges through E-challan. However, there was no response. Hence, the petitioner made a representation dated 18.10.2023 and the same was also not considered. Hence, the present Writ Petition is filed.

3. Mr.S.J.Mohamed Sathik, learned Government Advocate takes notice for the respondents.

4. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of 2/5

mandamus to consider the representation, this Court without expressing any opinion with regard to the merits of the case, directs the 1st respondent to issue notice to the petitioner and to the adjacent land owners of the four boundaries of the subject lands and also to the rival claimants/interested parties/objectors if any, as the case may be and conduct enquiry in the manner known to law if already not conducted and pass orders on merits and in accordance with law if already not passed within a period of three months from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is disposed of at the admission stage itself. There shall be no order as to costs. 14.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The Tahsildar Kallakurichi Taluk Kallakurichi District

2. The Head Surveyor Kallakurichi Taluk Kallakurichi District 4/5

P.VELMURUGAN. J.

Ksa-2 14.02.2024 5/5