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Madras High CourtWP/31671/2018disposed of

Kesavan v. The Tahsildar

2018-12-17Honourable Mrs Justice Pushpa Sathyanarayana3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :17.12.2018

CORAM

THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.31671 of 2018 Kesavan .. Petitioner Vs.

1. The Tahsildar,

2. The Head Surveyor, Taluk Office,

3. The Firka Surveyor, Karuppur Firka, Karuppur,

4. The Village Administrative Officer, Saminaickenpatti Village, Saminaickenpatti (Group), .. Respondents PRAYER: The Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to survey the land in survey No.47/6A1 to an extent of 0.03.50 Hects. at Saminaickenpatti Village, Omalur Taluk in pursuant to the application dated 22.02.2018 made by the petitioner.

For Petitioner : Mr.M.Elango For Respondents: Mr.E.Balamurugan Special Government Pleader - - - - -

O R D E R

The present Writ Petition has been filed for issuance of a Writ of Mandamus to direct the 1st respondent/Tahsildar, Omalur Taluk, Salem District, to survey the land in survey No.47/6A1 to an extent of 0.03.50 Hects. at Saminaickenpatti Village, Omalur

Taluk, in pursuant to the application dated 22.02.2018 made by the petitioner.

2. According to the learned counsel appearing for the petitioner, the petitioner has submitted representations on 24.10.2016 and 22.02.2018 along with necessary fee by way of challan before the 1st respondent, to survey his property, but, the same are yet to be disposed of by the respondents. Hence, the petitioner has come before this Court.

3. Heard Mr.M.Elango, learned counsel appearing for the petitioner and Mr.E.Balamurugan, learned Special Government Pleader appearing for the respondents.

4. It is the fact that there is a dearth of surveyors in many of the Taluk Offices and there are many petitions and requests as that of the petitioner herein waiting their properties to be surveyed. Hence, the third respondent is directed to have a list of such requests and conduct the survey as per the order of priority. However, any such request for survey of the land shall be done, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six (6) weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar asi To

1. The Tahsildar,

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

3. The Firka Surveyor, Karuppur Firka, Karuppur,

4. The Village Administrative Officer, Saminaickenpatti Village, Saminaickenpatti (Group), +1cc to Mr.M.Elango, Advocate sr.no.87719 +1cc to Government Pleader sr.no.87950 W.P.No.31671 of 2018 kk(co) nr 11/01/2019