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Madras High CourtWP/7898/2022disposed of

S.Kaasipazham v. The Thasildhar

2022-04-01Honourable Mr Justice M.Dhandapani2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.7898 of 2022 S.Kaasipazham

...Petitioner

Vs.

1.The Tahsildar, Tahsildar Office, Kanchipuram-Thirupathi Highways, Arakkonam 631 001.

2.The Surveyor, Tahsildar Office, Kanchipuram-Thirupathi Highways, Arakkonam 631 001.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to dispose the petitioner's representation dated 16.09.2021 to mark and measure the boundaries for the Plot No.184 (Survey No.398/3 and Patta No.102), Subam Nagar, Mulvai Village, Arakonnam Taluk, Arakonnam District within the stipulated time period fixed by this Court.

For Petitioner :

Mr.R.N.Kasi Vishwanathan For Respondents :

Mr.R.Vigneswaran Government Advocate

O R D E R

This Writ Petition has been filed seeking for the issuance of a Writ of Mandamus to direct the first respondent to dispose the petitioner's representation dated 16.09.2021 to mark and measure the boundaries for the Plot No.184 (Survey No.398/3 and Patta No.102), Subam Nagar, Mulvai Village, Arakonnam Taluk, Arakonnam District within the stipulated time period that may be fixed by this Court.

2. The case of the petitioner is that he had purchased the aforesaid property in the year 2008 measuring an extent of about 1,200 sq.ft., from one Mr.Devendhiran for a consideration of Rs.60,200/- and duly registered the sale deed vide Sale deed Doc.No.9628/2008 dated 03.07.2008 on the file of Sub-Registrar Office, Arakkonam. While purchasing the property, there is only unified Patta vide Patta No.102 and https://hcservices.ecourts.gov.in/hcservices/

from the year 2008 to till date, the petitioner is enjoying the property without any hindrance. Further, when the petitioner had decided to construct a house in the aforesaid property, he came to know that the boundary line stones for his plot has been damaged due to natural calamities and boundaries of his plot's could not be identified exactly. Thereafter, for the purpose of measuring and fixing the boundaries, the petitioner has made a representation before the 1st respondent dated 16.09.2021. As the said representation made by the petitioner has evoked no response from the respondent, the petitioner has filed the present Writ Petition.

3. The learned counsel for the petitioner submits that it would suffice, if this Court, issues direction to the 1st respondent to dispose of the petitioner's representation dated 16.09.2021 and pass orders on the same within a particular time frame that may be fixed by this Court.

4. The learned Government Advocate appearing for the respondents has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 1st respondent to dispose of the petitioner's representations dated 16.09.2021 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar jd/lpp To 1.The Tahsildar, Tahsildar Office, Kanchipuram-Thirupathi Highways, Arakkonam 631 001. 2.The Surveyor, Tahsildar Office, Kanchipuram-Thirupathi Highways, Arakkonam 631 001. +1cc to Government Pleader SR. No. 22799 W.P. No.7898 of 2022 RR (CO) PR (21/04/2022) https://hcservices.ecourts.gov.in/hcservices/