Madras High CourtWP/36528/2023disposed of

Kolanji v. The Tahsildar

2024-01-05Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.01.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Kolanji W/o.Murugaiyan ... Petitioner versus The Tahsildhar, Ulundurpet Taluk Office, Ulundurpet, Kallakurichi District.

... Respondent Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to measure the land situated in S.F.No.110/1F 3 new Survey No.S.F.No.630/1 measuring an extent of 00010 sq.ft and S.F.No.630/17 measuring an extent of 00030 sq.ft Karaneshan Street, Keeranur Village, Ulundurpet Sub Registration District, Virudhachalam Registration District and earmark the boundaries by considering the petitioner's representation dated 17.08.2022. For Petitioner :

Mr.C.Adhikesavan Pg.Nos.1/6

For Respondent :

Mrs.V.Yamunadevi Special Government Pleader

O R D E R

Mrs.V.Yamunadevi, learned Special Government Pleader accepts notice for the respondent. By consent of both parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition has been filed seeking for issuance of a writ of mandamus directing the respondent to consider the petitioner's representation dated 17.08.2022, in and by which, she sought to measure the land situated in S.F.No.110/1F 3, new Survey No.S.F.No.630/1 ad-measuring 00010 sq.ft and S.F.No.630/17 ad-measuring 00030 sq.ft situated at Karaneshan Street, Keeranur Village, Ulundurpet Sub Registration District, Virudhachalam Registration District and earmark the boundaries.

3. The learned counsel for the petitioner submitted that despite Pg.Nos.2/6

the petitioner has given the representation along with E-challan, dated 17.08.2022 to the respondent and the same was acknowledged by the respondent on 18.08.2022, till date, the respondent has not taken any action on the said representation.

4. The learned Special Government Pleader appearing for respondent submitted that the respondent may be directed to consider the petitioner's representation and pass orders on merits in accordance with law.

5. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, the respondent is directed to consider the representation of the petitioner dated 17.08.2022 and pass appropriate orders, on merits and in accordance with law, after giving notice to the petitioner, adjacent owners of four boundaries of the subject properties and interested parties/rival claimants, as the case may be and after conducting enquiry, within a period of two months from the date of receipt of a copy of this order. Pg.Nos.3/6

Pg.Nos.4/6

6. With the above directions, this writ petition is disposed of. There shall be no order as to costs.

05.01.2024 Index: Yes/No Speaking Order/Non-Speaking Order ms To The Tahsildhar, Ulundurpet Taluk Office, Ulundurpet, Kallakurichi District.

Pg.Nos.5/6

P.VELMURUGAN, J.

ms 05.01.2024 Pg.Nos.6/6