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Madras High CourtWP/38789/2024allowed

Aboorvasamy v. The Tahsildar

2024-12-21Honourable Ms. Justice P.T. Asha5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.12.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Aboorvasamy ... Petitioner Vs.

1.The Tahsildar Srimaharam Cuddalore District 2.The Head Surveyor Tahsildar Office Srimaharam, Cuddalore District 3.The Village Administrative Office Valispettai Village Srimaharam Cuddalore District 4.The Inspector Of Police Srimaharam Cuddalore District 5.Mariyakiruthal

...Respondents

Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus, Directing the respondents 1 to 3 survey the petitioners property with aid of the 4th respondent, comprised in S. No 462 / 53 measuring an extent of 00156 sq.metre, situated in Ramapuram Village, Srimushnam Taluk, Cuddalore District within a 1/5

stipulated as fixed by this Honble Court.

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

for R.1 to R4.

O R D E R

The above Writ Petition has been filed to direct the respondents 1 to 3 survey the petitioners property with aid of the 4th respondent, comprised in S.No.462 / 53 measuring an extent of 00156 sq.metre, situated in Ramapuram Village, Srimushnam Taluk, Cuddalore District within a stipulated time.

2.The grievance of the petitioner is that despite making an online application on 01.02.2022, the respondents 1 to 3 have not taken any steps to survey the land in question.

3.Heard the learned counsel for the petitioner and the learned Spl.GP accepting notice for respondent 1 to 4.

4. Considering the facts and circumstances of the case and as the petitioner's online application dated 01.02.2022 has not been considered to date, the 1st respondent is directed to consider the 2/5

petitioner's representation and conduct survey of the subject property. The petitioner shall submit all the relevant records to show his title to the property and the 1st 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. In case, the respondents 1 to 3 require the assistance of police authority, the jurisdictional police shall give necessary protection as and when asked for The said exercise shall be completed within a period of 4 weeks from the date of receipt of a copy of this order.

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

21.12.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.The Tahsildar Srimaharam Cuddalore District 2.The Head Surveyor Tahsildar Office Srimaharam, 3/5

Cuddalore District 3.The Village Administrative Office Valispettai Village Srimaharam Cuddalore District 4.The Inspector Of Police Srimaharam Cuddalore District P.T. ASHA . J., (shr) 4/5

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