Perumal Vs the Tahsildhar

praying to issue a Writ of Mandamus directing the respondent to survey petitioner's land in S.No.364/3A3, situated at Semmandakuppam Village, Dharmapuri Taluk and District based on the application of the petitioner dated 08.05.2023.

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For Petitioner(s) : Mr.M.R.Elavarasan For Respondent(s) : Mr.A.Selvendran 1 to 3 Special Government Pleader For R4 : Tapal returned For R5, R7 to R10 : Served – No appearance For R6 : Notice sent – service awaited No appearance

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ORDER

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The present writ petition is filed praying for a writ of Mandamus directing the respondent to survey the land comprised in S.No.364/3A3, situated at Semmandakuppam Village, Dharmapuri Taluk and District.

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2. It is submitted by the learned counsel for petitioner that petitioner submitted an application on 08.05.2023 seeking survey of the property comprised in S.No.364/3A3, situated at Semmandakuppam Village, Dharmapuri Taluk and District before respondent 1 and 2 and has also paid appropriate fees. It is stated that petitioner submitted a representation on 05.08.2023, however, respondents have not considered the same till date. Aggrieved, petitioner has filed the present writ petition.

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https://www.mhc.tn.gov.in/judis

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W.P. No.17956 of 2024

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3. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents that petitioner's application dated 08.05.2023 seeking survey of subject land would be considered and appropriate orders would be passed on merits after issuing notice and affording reasonable opportunity of hearing to the petitioner, respondents 4 to 10, adjacent land owners and other interested parties within a time frame to be fixed by this Court. Agreed to by the learned counsel for petitioner.

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4. In view thereof, the writ petition stands disposed of with the following directions:

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i) The respondents shall consider the application dated 08.05.2023 in accordance with law, after issuing notice and affording a reasonable opportunity of hearing to the petitioner, respondents 4 to 10, adjacent land owners and all other interested parties including rival claimants, if any. The concerned authority shall seek police protection, if required. If any request for police protection is sought, the same shall be extended by the jurisdictional police station for the purpose of carrying out survey.

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ii) Though facts have been set out extensively in the affidavit, this Court does not propose to deal with it while leaving it open to the respondents to call

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https://www.mhc.tn.gov.in/judis

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W.P. No.17956 of 2024

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for any document/conduct enquiry to satisfy itself of the petitioner's entitlement

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for requesting survey of subject property.

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iii) The entire process shall be completed within a period of 12 weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

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iv) It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner, respondents 4 to 10, and all other interested parties are left open. No costs.

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18.08.2025

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Speaking (or) Non Speaking Order Index : Yes/ No Neutral Citation: Yes/No mka

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https://www.mhc.tn.gov.in/judis

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W.P. No.17956 of 2024

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To: