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Madras High CourtWP/710/2024disposed of

Varadharaj v. Tahsildar

2024-01-12Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Varadharaj ... Petitioner Vs.

Tahsildar R.K.Pet Taluk, Thiruvallur District Tamilnadu ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to survey and demarcate the boundaries of the petitioner's land bearing S.No.30/1 to an extent 3 acres 85 cents at Paivalasa Village, R.K.Pet Taluk, Thiruvallur District, considering the petitioner's application dated 02.11.2023. For Petitioner : Mr.P.R.Thiruneelakandan For Respondent Mrs.Yamunadevi Special Government Pleader

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the respondent to survey and demarcate the boundaries of the petitioner's land bearing S.No.30/1 to an extent 3 acres 85 cents at Paivalasa Village, R.K.Pet Taluk, Thiruvallur District, considering the petitioner's application dated 02.11.2023.

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2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the respondent to consider the petitioner's application dated 02.11.2023.

3. Mrs.V.Yamunadevi, learned Special Government Pleader takes notice for the respondent.

4. It is to be noted that this Court, in W.P.No.262 of 2018 (D.Tulasi vs. The District Revenue Officer, Dharmapuri etc. and batch), by order dated 09.06.2023, directed the Department to issue circular in regard to disposal of the application/petition/revision/appeals and etc., within time limit and obey the Court orders and in that regard, the Commissioner of Land Administration has also issued a circular No.R1/2005632/2022 dated 17.07.2023 as to how the matters have to be dealt with and within the period of which, the matters have to be disposed of has been fixed in the circular and inspite of the same, the Departments are not following either the order of this Court or the circular.

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5. This writ petition is filed only for issuance of a simple writ of mandamus to direct the respondent to consider the petitioner's application dated 02.11.2023. Therefore, without going into the merits of the case, this Court directs the respondent to consider the petitioner's application dated 02.11.2023 and issue notice to the petitioner and the adjacent land owners of the four boundaries of the subject property and also to the interested parties/rival claimants/objectors if any, as the case may be and conduct enquiry in the manner known to law and pass orders in accordance with law and dispose of the petitioner's application within the time as stipulated in the said circular.

6. With the above directions, the Writ Petition is disposed of at the admission stage itself. No costs.

12.01.2024 ksa-2 Index : Yes / No 3/5

To The Tahsildar R.K.Pet Taluk, Thiruvallur District Tamilnadu 4/5

P.VELMURUGAN. J.

Ksa-2 12.01.2024 5/5