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Madras High CourtWP/31912/2018disposed of

K.Vijayan v. The Tahsildar

2018-12-04Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :04.12.2018

CORAM

THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.31912 of 2018 K.Vijayan ... Petitioner Vs.

1.The Tahsildar, Taluk Office, Thiruvannamalai, Thiruvannamalai District.

2.The Taluk Surveyor, Taluk Office, Thiruvannamalai, Thiruvannamalai District.

... Respondents PRAYER: This Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing both respondents to survey the petitioner's land comprised in survey No.162/1 to the extent of 0.84 cents situated at Vadapuzhuthiyur Village, Tiruvannamalai Taluk and District by metes and bounds consequently to sub-divide the same based upon his representation dated 24.10.2018 with remitted copy of the challan No.45, dated 16.10.2018.

For Petitioner :

Mr.K.L.Sekar For Respondents :

Mr.N.Inbanathan Additional Government Pleader

O R D E R

Heard, Mr.K.L.Sekar, the learned counsel appearing for the petitioner and Mr.N.Inbanathan, the learned Additional Government Pleader, who accepts notice on behalf of the respondents.

2. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 3.. The prayer sought for in this Writ Petition is for the issuance of a Writ of Mandamus to direct the respondents to take appropriate action upon the petitioner's application dated https://hcservices.ecourts.gov.in/hcservices/

24.10.2018 to survey his land comprised in survey No.162/1 to the extent of 0.84 cents situated at Vadapuzhuthiyur Village, Tiruvannamalai Taluk and District.

4. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 24.10.2018 for surveying his land, but, the same is yet to be disposed of by the respondents. It is stated that the petitioner has paid necessary charges to survey his property vide challan dated 16.10.2018. Hence, the petitioner is before this Court.

5. It is the fact that there is 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 second 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 four weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar dn To 1.The Tahsildar Taluk Office, Thiruvannamalai, Thiruvannamalai District.

2.The Taluk Surveyor, Taluk Office, Thiruvannamalai, Thiruvannamalai District.

+1 cc to The Government Pleader, SR.No.83709 +1 cc to Mr.K.L.Sekar, Advocate SR.No.83507 W.P.No.31912 of 2018 AK(CO) CSL/07.01.2019 https://hcservices.ecourts.gov.in/hcservices/