Madras High CourtWP/4446/2022disposed of

S.Varatha Achari v. The Tahsildar

2022-03-01Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.4446 OF 2022 S.Varatha Achari ... Petitioner Vs.

1. The Tahsildar, Tahsildar Office, Polur Taluk, Tiruvanamalai District.

2. The Surveyor, Tahsildar Office, Polur Taluk, Tiruvanamalai District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to survey the land of the petitioner in respect of the property situated at Survey No.34/2, Puthirampattu Village, Polur Taluk, Tiruvanamalai District, measuring to an extent of 600 sq.ft by considering the petitioner representation with fees Challan bearing Number:20211116792407 dated 16.11.2021 within the time frame fixed by this Hon'ble Court.

For petitioner :

Mr.S.Sarath Chandran For Respondents :

Mr.A.Anandan Government Advocate

ORDER

The petitioner has filed this petition to direct the respondents to survey the land of the petitioner in respect of the property situated at Survey No.34/2, Puthirampattu Village, Polur Taluk, Tiruvanamalai District, measuring to an extent of 600 sq.ft by considering the petitioner representation with fees Challan bearing Number:20211116792407 dated 16.11.2021 within the time frame fixed by this Court.

2. Mr.A.Anandan, learned Government Advocate takes notice for the respondents. 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 comprised in Survey No.34/2, measuring an extent of 600 sq.ft at Puthirampattu Village, Polur Taluk, Tiruvanamalai District. The petitioner acquired the property by a registered sale deed in Document No.553 of 1989 before the Sub Registrar Office at Polur dated 17.04.1989. Hence, the petitioner made a representation on 16.11.2021 to respondents to survey the above said property. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

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 consider the representation of the petitioner dated 16.11.2021 within the time frame that may be fixed by this Court.

5. The learned Government Advocate appearing for the respondent submits that the petitioner's representation dated 16.11.2021 will be considered by the respondents within the time frame that may be 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 representation dated 16.11.2021, 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-VI) //True Copy// Sub Assistant Registrar tri/nhs

1. The Tahsildar, Tahsildar Office, Polur Taluk, Tiruvanamalai District.

2. The Surveyor, Tahsildar Office, Polur Taluk, Tiruvanamalai District.

+1cc to M/s.S.Sarath Chandran, Advocate, S.R.No.14228 +1cc to the Government Pleader, S.R.No.14167 W.P.No.4446 of 2022 NRL(CO) RLP(18/03/2022)