Madras High CourtWP/910/2024disposed of

Yoga Prakash v. The Tahsildhar

2024-02-09Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.02.2024 Coram:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN -- Yoga Prakash .. Petitioner Vs.

1. The Tashildhar, Thalaivasal Taluk Office, Salem District.

2. The Head Surveyor, Thalaivasal Taluk Office, Salem District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to survey and fix the boundaries of the property pertaining to Survey No.175/2A1 with extent of 2 acres out of total 3.95 acres situated at Kamakkapaalayam Village, Thalaivasal Taluk, Salem District.

For petitioner : Mr.S.J.Raja Janaki Raman For respondents: Mr.A.Selvandran, Spl.G.P.

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ORDER

The petitioner has filed the present Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents 1 and 2 to survey and fix the boundaries of the property pertaining to Survey No.175/2A1 with extent of 2 acres out of total 3.95 acres situated at Kamakkapaalayam Village, Thalaivasal Taluk, Salem District.

2. It is the case of the petitioner that the agricultural land bearing Aa.pu.sa.Sr.No.175/2A1 with an extent of 2.00 acres, situated at Kamakkapaalayam Village, Thalaivasal Taluk, Salem District, is absolutely owned by him. On 23.02.2023, he had paid e-challan in favour of the first respondent and subsequently, on 24.02.2023, the petitioner had given a representation to the first respondent to survey the said property and even after lapse of seven months, the respondents failed to consider the said request, and hence, the petitioner has filed the present Writ Petition.

3. Heard both sides and perused the materials available on record.

4. Considering the facts and circumstances of the case and the fact that the respondents have not considered the said representation inspite of lapse of seven months, this Court directs the respondents to issue notice to the petitioner and also the adjacent land owner/the owner in respect of four boundaries of the 2 / 4

subject land and the rival claimants/interested parties/objectors, if any, as the case may be, and after giving notice to all the parties, conduct enquiry in the manner known to law and pass orders and if after enquiry the respondents find that the petitioner is otherwise entitled to the relief, the respondents are directed to conduct survey and fix the boundaries on the subject property and pass appropriate orders. The entire exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

5. With the above observations and directions, the Writ Petition is disposed of. There shall be no order as to costs. 09.02.2024 cs To

1. The Tashildhar, Thalaivasal Taluk Office, Salem District.

2. The Head Surveyor, Thalaivasal Taluk Office, Salem District.

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P. VELMURUGAN, J cs 09.02.2024 4 / 4