Madras High Court
Dhasarathan vs The Tahsildar on 18 September, 2024
W.P.No.26936 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR
W.P No.26936 of 2024
Dhasarathan ...Petitioner
Vs.
1. The Tahsildar,
Tahsildar Offices,
Ambur Taluk,
Tirupattur District.
2. The Surveyor Officer,
Tahsildar Offices, Ambur Taluk,
Tirupattur District.
3. Kasi ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus, directing the respondents 1 and 2 to conduct
spot inspection with a surveyor to measure the property in S.No.204/2 and
204/4 in Palur Village, Ambur Taluk, Tirupattur District, demarcate the same as
per the Judgment and Decree dated 22.03.2021 in A.S.No.78 of 2016 by the
Subordinate Judge, Vaniyambadi, after giving notice to third respondent,
within a time frame to be fixed by this Court.
For Petitioner : Mr. K.Ashok Kumar
For R1 & R2 : Mr.D.Gopal
Government Advocate
https://www.mhc.tn.gov.in/judis
1/4
W.P.No.26936 of 2024
ORDER
The petitioner herein seeks a direction to the respondents 1 and 2 to
conduct survey of the property situated in S.No.204/2 and 204/4 in Palur
Village, Ambur Taluk, Tirupattur District, and demarcate the same as per the
Judgment and Decree dated 22.03.2021 passed by the Subordinate Judge,
Vaniyambadi, in A.S.No.78 of 2016, after giving notice to the third respondent,
within a time frame to be fixed by this Court.
2. By consent of both the learned counsel appearing for the petitioner as
well as respondents 1 & 2, this writ petition is disposed of at the admission
stage itself.
3. The petitioner herein claiming right over the common property in
survey nos.204/2 and 204/4 on the strength of judgment and decree passed in
AS.No.78 of 2016, submitted on-line application seeking survey of the
property in survey nos. 204/2 and 204/4 and the same has not been considered
till date. Therefore, the petitioner is before this Court.
https://www.mhc.tn.gov.in/judis
4. Mr.D.Gopal, learned Government Advocate, who takes notice for the
respondents 1 & 2 would submit that the representation of the petitioner will
be considered on its own merits and appropriate orders will be passed.
5. In view of the above submission made by the learned Government
Advocate, without going into the merits of the claim made by the petitioner,
this Court is inclined to issue a direction to the first respondent to consider the
representation of the petitioner dated 15.11.2023 and pass final orders, after
issuing notice to the petitioner as well as the third respondent and any other
interested parties, as per the judgment and decree in A.S.No.78 of 2016, within
a period of eight weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No
costs.
18.09.2024
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
av
S. SOUNTHAR, J.
av
https://www.mhc.tn.gov.in/judis
To
1. The Tahsildar,
Tahsildar Offices,
Ambur Taluk,
Tirupattur District.
2. The Surveyor Officer,
Tahsildar Offices, Ambur Taluk,
Tirupattur District.
18.09.2024
https://www.mhc.tn.gov.in/judis
