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Madras High CourtWP/37941/2024allowed

Dass v. The Thasildhar

2025-01-02Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 02.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Dass

...Petitioner

Vs.

The Tahsildar, Gumudipoondi Taluk, Thiruvallur District

...Respondent

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the respondent to dispose of the representation of the petitioner dated 03.06.2024 and to appoint a surveyor to measure the land comprised in Old Survey No.162-2, New Survey No.162/2C situated at No.60, Durapallam Village, Gummidipoondi Taluk, Thiruvallur District.

For Petitioner :

Mr.P.Chandrasekar For Respondent :

Mr.A.Selvendran Special Government Pleader

O R D E R

1/4

The above Writ Petition has been filed seeking a mandamus to the respondents to consider the petitioner's representation dated 03.06.2024.

2. It is the case of the petitioner that he owns a property measuring an extent of 0.4.97 hectares comprised in Old Survey No.162-2, New Survey No.162/2C situated at No.60, Durapallam Village, Gummidipoondi Taluk, Thiruvallur District. He is in absolute possession and enjoyment of the said property. A patta has been issued in his favour in Patta No.115. Since he decided to build boundary walls on all 4 sides of his property, he made a representation dated 03.06.2024 to the respondent to measure the boundaries of his property. However, the respondent has not taken any steps to date. Hence, the petitioner is before this Court.

3. Heard the learned counsels on the either side and perused the records.

4. Considering the facts and circumstances of the case, a 2/4

mandamus is issued to the respondent to measure the petition mentioned property based on his representation dated 03.06.2024. The petitioner shall submit all the relevant records to show his title to the property and the respondent 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 aforesaid exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order.

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

02.01.2025 Index : Yes/No Internet : Yes/No srn To The Tahsildar, Thirukalukundram Taluk Office, Chengalpet P.T. ASHA, J, srn 3/4

W.P.No. 37941 of 2024 02.01.2025 4/4