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Madras High CourtWP/617/2023disposed of

S.Sivakami v. The Tahsildar

2023-01-10Honourable Mr Justice R. Suresh Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.617 of 2023 Mrs.R.Sivakami ... Petitioner -Vs1. The Tahsildar, Annur Taluk, Annur, Coimbatore District.

2. The Taluk Surveyor, Annur Taluk, Annur, Coimbatore District.

3. Mr.Palanisamy

4. Mrs.Manickammal

5. Mrs.Marathal ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 and 2 herein to measure the property of the petitioner & others under joint patta land and earmark the boundaries by erecting boundary stones in respect of the lands situated in Ottarpalayam Village, Annur Taluk, Coimbatore District bearing Survey Nos.342/12, 342/15, 342/16, 342/23, 342/24, 342/10 and 342/19 by considering the representation of the petitioner dated 13.12.2022. For Petitioner : Mr.K.Balasubramaniam 1/5

For Respondents : Mr.P.Sathish Additional Government Pleader [R1 and R2]

ORDER

The prayer sought for herein is for a writ of mandamus directing the respondents 1 and 2 herein to measure the property of the petitioner & others under joint patta land and earmark the boundaries by erecting boundary stones in respect of the lands situated in Ottarpalayam Village, Annur Taluk, Coimbatore District bearing Survey Nos.342/12, 342/15, 342/16, 342/23, 342/24, 342/10 and 342/19 by considering the representation of the petitioner dated 13.12.2022.

2. In order to survey the land in S.Nos.342/12, 342/15, 342/16, 342/23, 342/24, 342/10 and 342/19 at Ottarpalayam Village, Annur Taluk, Coimbatore District, the petitioner had given application on 13.12.2022 to the first respondent Tahsildar and has paid the necessary fee on 15.07.2012. Despite the same, since the said application has not been considered by the first respondent, the petitioner has moved the present writ petition.

3. Heard Mr.K.Balasubramaniam, learned counsel appearing for 2/5

the petitioner and Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents 1 and 2.

4. Learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the said application would be considered and the needful would be undertaken by the first and second respondents within a time frame that may stipulated by this Court.

5. In view of the order going to be passed in this writ petition, notice to the private respondents is hereby dispensed with.

6. Considering the said submission made by the learned Additional Government Pleader appearing for the respondents 1 and 2 and taking note of the innocuous nature of the prayer sought for herein, this Court is inclined to dispose of this writ petition with the following order: That there shall be a direction to the first and second respondents to consider the application of the petitioner dated 13.12.2022 and do the needful with regard to the plea of the petitioner to survey the land in question after giving notice to 3/5

both the petitioner as well as the private respondents within a period of eight(8) weeks from the date of receipt of a copy of this order.

With this direction, this writ petition is disposed of. No costs. 10.01.2023 Index : Yes/No Speaking order: Yes/No mp To

1. The Tahsildar, Annur Taluk, Annur, Coimbatore District.

2. The Taluk Surveyor, Annur Taluk, Annur, Coimbatore District.

4/5

R. SURESH KUMAR, J.

mp Writ Petition No.617 of 2023 10.01.2023 5/5