R. Alagarsamy v. The Tahsildar

ORDER This writ petition has been filed for issuance of writ of mandamus, directing the first and second respondents to survey the land belonging to the petitioner pursuant to the application submitted by the petitioner on 25.07.2019 within a time frame prescribed by this Court.

¶2When the writ petition came up for hearing on 18.03.2020, this Court passed the following order:- "Mr. S.Angappan, Learned Government Advocate takes notice for the Respondents.

¶2Learned Government Advocate appearing for the Respondents, on instructions, states that enquiry has been fixed at

11.30a.m. on 26.03.2020 before the First Respondent on the representation dated 25.07.2019 made by the Petitioner and that notice would be issued to all parties concerned including the Petitioner for the same.

¶3The Third Respondent shall file a report on the outcome of the action taken in this regard, on the next hearing.

¶4Learned Counsel for the Petitioner undertakes to implead the brother of the Petitioner, namely Perumal, who objects to survey the property of the Petitioner. Post the matter on 28.04.2020."

¶3Heard Mr.A.Chandrakumar, learned counsel appearing for the petitioner, Mr.A.K.Manikkam, learned Special Government Pleader appearing for the official respondents and Mr.S.Anand Chandrasekar, learned counsel for the third respondent.

¶4It is brought to the notice of this Court that no enquiry was conducted by the first respondent till date.

¶5Taking into consideration the facts and circumstances of the case and without going into the merits of the matter, there shall be a direction to the first respondent to consider the application / representation made by the petitioner on

25.07.2019 by calling upon the petitioner and the third respondent for enquiry. The first respondent shall take a decision as to whether the properties are going to be surveyed and appropriate orders shall be passed in this regard within a period of four weeks from the date of receipt of a copy of this order. Based on the decision to be taken by the first respondent, further course of action shall be resorted to.

¶6This writ petition is disposed with the above directions. No costs.

04.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm TO:

1.The Tahsildar, Vedasanthur Taluk, Dindigul District.

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

N.ANAND VENKATESH, J. sm W.P.(MD)No.5650 of 2020 Dated:

04.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2023 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.5650 of 2020 R.Alagarsamy ...Petitioner /Vs./ 1.The Tahsildar, Vedasanthur Taluk, Dindigul District. 2.The Field Surveyor, Vedasanthur Firca, Vedasanthur Taluk, Dindigul District. 3.R.Perumal ...Respondents (R3 is impleaded vide Court order dated 01.03.2023 in WP(M)DNo.5420 of 2021) PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to survey the petitioner's land pursuant to his application dated 25.07.2019 and dispose the same within a stipulated time as prescribed by this Court. For Petitioner : Mr.A.Chandrakumar For Respondents : Mr.A.K.Manikkam (R1 & R2) Special Government Pleader Mr.S.Anand Chandrasekar (R3) for M/s.Sarvabhauman Associates