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Madras High CourtWP/38176/2024allowed

E.Velmani v. The Tahsildar

2024-12-13Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA E.Velmani ... Petitioner Vs.

1.The Tahsildar Dharapuram Taluk, Dharapuram, Tiruppur District.

2.The Firka Surveyor Kundadam Firka, Kundadam, Dharapuram Taluk,Tiruppur District.

3.Ramasamy

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the 1st and 2nd respondents to measure the petitioners land situated in S.F.Nos. 833/3B and 833/3C1, Manurpalayam Village, Dharapuram Taluk, Tiruppur District to the extent of 2.08 acres for erecting fencing in the said land by disposing the written representation made by the petitioner on 05.11.2024 within a stipulated time as this Hon'ble court fixes. 1/4

For Petitioner : M/s.R.Hemalatha For Respondents : M/s.A.Selvendran, Spl.G.P.

for R.1 & R.2.

O R D E R

The above Writ Petition has been filed to direct the 1st and 2nd respondents to measure the petitioners land situated in S.F.Nos.833/3B and 833/3C1, Manurpalayam Village, Dharapuram Taluk, Tiruppur District to the extent of 2.08 acres for erecting fencing in the said land by disposing the written representation made by the petitioner on 05.11.2024.

2. The grievance of the petitioner is that despite making representation on 05.11.2024, the respondents have not taken any steps to survey the land in question.

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

4. Considering the facts and circumstances of the case, the respondents 1 and 2 are directed to consider the petitioner's representation and conduct survey of the subject property. The petitioner shall submit all the relevant records to show her title to the 2/4

property and the respondents 1 and 2 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 said exercise shall be completed within a period of 3 months from the date of receipt of a copy of this order.

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

13.12.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Tahsildar Dharapuram Taluk, Dharapuram, Tiruppur District.

2.The Firka Surveyor Kundadam Firka, Kundadam, Dharapuram Taluk,Tiruppur District.

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P.T. ASHA . J., (shr) 13.12.2024 4/4