C.Govindaraji v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :10.01.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.656 of 2023
1. C.Govindaraji
2. Ammasi ... Petitioners -Vs1. The Tahsildar, Omalur Taluk, Salem.
2. The Deputy Tahsildar, (Patta Transfer), O/o. Tahsildar, Omalur Taluk, Salem District.
3. The Firka Surveyor, O/o. The Tahsildar, Omalur Taluk, Salem District.
... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to survey the land and to demarcate boundaries by issuing patta in respect of the lands comprised in the Old Survey No.154/2C to an extent of 0.72 acres after sub division in patta No.220 in New Survey No.154/2C1 to an extent of 0.42 altogether the land an extent of 0.37 cents out of 1 acre 14 cents and in survey no.154/2G to an extent of 0.42 1/5
acres in Patta No.1001 and Survey No.154/2A to an extent of 0.13 cents out of 0.39.1/2 cents in patta No.1107 situated at Pappampaadi village, Omalur Taluk, Tharamangalam Sub-Registration office, Salem District and based on the patta application No.2021/0103/08/260485 dated 30.07.2021 and the representation of petitioners 23.11.2022 within a stipulated time.
For Petitioners : Mr.C.Prabakaran For Respondents : Mr.P.Sathish Additional Government Pleader
ORDER
The prayer sought for herein is for a writ of mandamus directing the respondents to survey the land and to demarcate boundaries by issuing patta in respect of the lands comprised in the Old Survey No.154/2C to an extent of 0.72 acres after sub division in patta No.220 in New Survey No.154/2C1 to an extent of 0.42 altogether the land an extent of 0.37 cents out of 1 acre 14 cents and in survey no.154/2G to an extent of 0.42 acres, in Patta No.1001 and Survey No.154/2A to an extent of 0.13 cents out of 0.39.1/2 cents in patta No.1107 situated at Pappampaadi village, Omalur Taluk, Tharamangalam Sub-Registration office, Salem District and based on the patta application No.2021/0103/08/260485 dated 30.07.2021 and the representation of petitioners 23.11.2022 within a stipulated time. 2/5
2. In order to survey the land and to sub divide and issue patta, the petitioner had given application on 23.11.2022 and earlier on 30.07.2021 necessary fee also had been paid by the petitioner. Therefore, in order to consider the said application and to survey the land of the petitioner to seek for a direction to the respondents, the petitioner has moved the present writ petition.
3. Heard Mr.C.Prabakaran, learned counsel appearing for the petitioners and Mr.P.Sathish, learned Additional Government Pleader appearing for the respondents.
4. Learned Additional Government Pleader appearing for the respondents would submit that, the said application submitted by the petitioner would be considered and the needful would be undertaken by the respondents within a time frame that may be stipulated by this Court.
5. Considering the said submission made by the learned Additional Government Pleader appearing for the respondents, this Court is inclined to dispose of this writ petition with the following order: That there shall be a direction to the respondents to 3/5
consider the application of the petitioner dated 23.11.2022 and do the needful thereon on merits and in accordance with law 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, Omalur Taluk, Salem.
2. The Deputy Tahsildar, (Patta Transfer), O/o. Tahsildar, Omalur Taluk, Salem District.
3. The Firka Surveyor, O/o. The Tahsildar, Omalur Taluk, Salem District.
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R. SURESH KUMAR, J.
mp Writ Petition No.656 of 2023 10.01.2023 5/5