S.Krishnasamy v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Krishnasamy ... Petitioner Vs.

1.The Tahsildar, Vedasanthur Taluk, Dindigul District.

2.The Field Surveyor, Vedasanthur Taluk, Dindigul District.

3.The Tahsildar, Gujiliamparai Taluk, Dindigul District.

... Respondents (Respondent No.3 is suo motu added as the third respondent in this Writ Petition dated 21.02.2023) PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's application dated 22.06.2021 and survey the petitioner's land within a stipulated time as prescribed by this Court. For Petitioner : Mr.A.Chandrakumar For R-1 to R-3 : Mr.K.S.Selva Ganesan, Additional Government Pleader 1/5

O R D E R

The Tahsildar, Gujiliamparai Taluk, Dindigul District, is suo motu added as the third respondent in this Writ Petition. This is in view of the fact that there has been a sub-division of the Taluk Office and the property in this case falls within the jurisdiction of the impleaded third respondent. Mr.K.S.Selvaganesan, learned Additional Government Pleader takes notice for the impleaded third respondent.

2. This Writ Petition has been filed for issuance of writ of mandamus directing the respondents to survey the subject property by considering the application dated 22.06.2021, within a time frame fixed by this Court.

3. Heard the learned counsel on either side.

4. The petitioner claims to be the owner of the subject property and the petitioner also relies upon the patta standing in his name and also the Judgment and Decree passed in O.S.No.46 of 2007. The petitioner wanted a survey to be conducted in his property and hence, he 2/5

submitted an application before the respondents on 22.06.2021 after paying the necessary charges. Since the same was not acted upon, the present Writ Petition has been filed before this Court.

5. Taking into consideration the facts and circumstance of the case, there shall be a direction to the impleaded third respondent to deal with the online application dated 22.06.2021 and take a decision with regard to the conduct of the survey in the subject property within a period of four (4) weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the third respondent along with all the relevant documents and also a copy of this order.

6. This Writ Petition is disposed of with the above directions. No costs.

21.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg 3/5

To 1.The Tahsildar, Vedasanthur Taluk, Dindigul District.

2.The Field Surveyor, Vedasanthur Taluk, Dindigul District.

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N.ANAND VENKATESH, J.

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