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Madras High CourtWP(MD)/1523/2024disposed of

Gopal.E v. The Tahsildar

2024-01-30Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.1523 of 2024 E.Gopal ... Petitioner vs.

1.The Tahsildar, Tenkasi Taluk, Tenkasi District.

2.The Surveyor, Tenkasi Taluk, Tenkasi District.

3.Simiyon 4.Mariyaponnudurai 5.Chelladurai 6.Danel Raj 7.Mariyathangam ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to survey and fix boundaries in the property in Survey No.544/6A to the extent of 2.656 cents situated at Anna Nagar, Karuthapillaiyur, Mela Ambur Village, Tenkasi Taluk and District by considering the petitioner's online E-Chellan, dated 10.05.2023 in Challan Number 20230510016284 within a stipulated period as framed by this Hon'ble Court.

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For Petitioner : Mr.A.Sankararamasubramanian For R1 & R2 : Mr.D.Gandhiraj, Special Government Pleader

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to survey and fix boundaries in the property in Survey No.544/6A measuring to an extent of 2.656 cents situated at Anna Nagar, Karuthapillaiyur, Mela Ambur Village, Tenkasi Taluk and District by considering the petitioner's online E-Chellan, dated 10.05.2023 in Challan No.20230510016284 within a stipulated period.

2. The grievance of the petitioner is that he has made an application before the first respondent on 10.05.2023, to survey and demarcate the petition mentioned property and he has paid the necessary charges also through E-Challan No.20230510016284. After receiving payments, twice the respondents 1 and 2 issued notice to conduct survey on 08.06.2023 and 05.07.2023. However, no survey was conducted on that dates. Even thereafter, no survey was conducted. Hence, the petitioner has filed this writ petition with the aforesaid prayer. 2/4

3. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 and 2.

4. Considering the above facts, this Court, without expressing any opinion on the merits of the matter, directs the respondents 1 and 2 to consider the petitioner's application, dated 10.05.2023 and pass appropriate orders, after providing opportunity to all the parties concerned, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

30.01.2024 Index:Yes/No NCC:Yes/No PM To 1.The Tahsildar, Tenkasi Taluk, Tenkasi District. 2.The Surveyor, Tenkasi Taluk, Tenkasi District.

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V.BHAVANI SUBBAROYAN,J.

PM W.P.(MD)No.1523 of 2024 30.01.2024 4/4