Madras High CourtWP/2473/2022disposed of

Munusamy v. The Thasildar

2022-02-15Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.2473 of 2022 Munusamy ... Petitioner vs.

1. The Tahsildar, Krishnagiri Taluk, Krishnagiri District.

2. The Assistant Director, Commissionarate of Survey and Settlement, Krishnagiri District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to measure the land and to lay the corner stone for the property situated at Krishnagiri District, Krishnagiri Taluk, Bohanapalli Village, comprised in Survey No.32 to an extent of 5 acres 25 cents based on the application given by the petitioner dated 12.01.2022 within the time frame that may fix by this Court.

For Petitioner : Mr.S.Arokia Maniraj For Respondents : Mr.A.Anandan Government Advocate

ORDER

The petitioner has filed this petition seeking a direction to the respondents to measure the land and to lay the corner stone for the property situated at Krishnagiri District, Krishnagiri Taluk, Bohanapalli Village, comprised in Survey No.32 to an extent of 5 acres 25 cents based on the application given by the petitioner dated 12.01.2022 within the time frame that may fix by this Court.

2. Mr. A.Anandan, learned Government Advocate takes notice for the respondent. In view of the limited relief sought for in this petition and on the consent expressed by the Learned counsel appearing on either side, this petition is taken up for

final disposal.

3. The case of the petitioner is that the petitioner is the owner of the property situated at Krishnagiri District, Bohanapalli Village, comprised in Survey No.32 to an extent of 5 acres and 25 cents of land. When the petitioner made an attempt to lay the corner stone with proper boundaries the adjacent owners objected the same and requested to lay the corner stone after fixing the boundaries by the surveyor. In order to have a proper measurement and to fix the boundaries the petitioner had made an application dated 12.01.2022 before the competent Taluk office of Krishnagiri Taluk along with the partition deed and other relevant revenue records. However, till date no action has been taken by the respondents on the application made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents to measure the land based on the application given by the petitioner dated 12.01.2022, within the time frame fixed by this Court.

5. The learned Government Advocate appearing for the respondents submits that the petitioner application dated 12.01.2022 will be considered by the Respondent within the time frame fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the Respondents to consider the petitioner's application dated 12.01.2022, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar nhs/tri

1. The Tahsildar, Krishnagiri Taluk, Krishnagiri District.

2. The Assistant Director, Commissionarate of Survey and Settlement, Krishnagiri District.

+1cc to Mr.S.Arokia Maniraj, Advocate, S.R.No.9436 +1cc to the Government Pleader, S.R.No.10243 W.P.No.2473 of 2022 AK(CO) CT(02/03/2022)