(Prayer: Calling for entire records in pursuant to the Memorandum issued by the 1st respondent vide Na.Ka.No. Aa.3/ 555/ 2022 dated 26.04.2023 and quash the same.)

1. This Writ Petition has been filed, challenging the impugned Memorandum dated 26.04.2023 issued by the first respondent, rejecting the petitioner's request for conducting survey and demarcation of the boundaries of the property morefully described in the prayer to this writ petition, on the ground that the said property does not belong to the petitioner and that it belongs to the Vellore Corporation.

2. The petitioner categorically contends before this Court that he is the absolute owner of the said property. According to the petitioner, without considering the documents produced by the petitioner, the first respondent has arbitrarily rejected the petitioner's request for survey and demarcation of boundaries of the said property.

3. The petitioner has challenged the impugned order on the ground of violation of the principles of natural justice and on the ground that the impugned order is a non-speaking order.

4. Mr. D.Ravichander, learned Special Government Pleader accepts notice on behalf of the respondents.

5. As seen from the impugned Memorandum dated 26.04.2023 issued by the first respondent, the supporting documents produced by the petitioner with the first respondent have not been considered by the first respondent. By a non speaking order, the first respondent has rejected the petitioner’s request for survey and demarcation of boundaries, stating that the property does not belong to the petitioner but it belongs to the Vellore Corporation.

6. The petitioner has also filed all the documents, which were filed before the first respondent before this Court as well in this writ petition. This Court is not expressing any opinion on the merits of the same.

7. No prejudice would be caused to the respondents if the matter is remanded back to the first respondent for fresh consideration on merits and in accordance with law, after giving due consideration to the supporting documents filed by the petitioner.

8. Only on the ground of violation of the principles of natural justice and also on the ground that the impugned Memorandum dated 26.04.2023 issued by the first responded is a non-speaking order, this Court quashes the impugned Memorandum dated 26.04.2023 issued by the first respondent and remanding the matter back to the first respondent for fresh consideration on merits and in accordance with law. The petitioner shall submit a written explanation along with supporting documents to the first respondent in support of his request for survey and demarcation of the boundaries of the property within a period of one week from the date of receipt of a copy of this order.

9. On receipt of the said explanation along with supporting documents within the stipulated time, the first respondent shall conduct an enquiry after hearing all the necessary parties, including the petitioner, and shall take a final decision with regard to the request made by the petitioner for survey and demarcation of boundaries and in case, the first respondent rejects the request, the first respondent shall pass a speaking order by giving due consideration to the contentions of the petitioner as well as the supporting documents filed by the petitioner. The first respondent shall complete the aforesaid exercise within a period of twelve weeks from the date on which the petitioner submits the written explanation to the respondents.

10. Accordingly, this Writ Petition is disposed of. No costs.