S.Saraswathi v. The Tashildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.7416 of 2022 S.Saraswathi ... Petitioner Vs.

1.The Tahsildhar, O/o. Coimbatore North Tahsildar, Coimbatore District.

2.The Assistant Director, Survey Department, Coimbatore District.

3.The Head Surveyor, Tashildar Office Coimbatore, North, Coimbatore District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent herein to survey measure and subdivide the petitioners land in Survey T.S. 2550/3 Ward No.10 Perumal Thevar Lane Ramanathapuram Coimbatore which was acquired by the petitioner vide Sale Deed No. 1106/85 dated 13.03.1985 on the file of Sub-Registrar Peelamedu Coimbatore based on petitioner's representation dated 06.12.2021 within a time frame as deem fit and proper by this Honorable Court. For Petitioner : Mr.G.Bala and Daisy For Respondents : Mr.A.Anandan Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus, to the respondent herein to survey measure and sub-divide the petitioners land in Survey T.S. 2550/3, Ward No.10, Perumal Thevar Lane Ramanathapuram, Coimbatore which was acquired by the petitioner vide Sale Deed No. 1106/85 dated

13.03.1985, on the file of Sub-Registrar Peelamedu, Coimbatore based on petitioner's representation dated 06.12.2021 within a time frame as deem fit and proper by this Honorable Court.

2. The learned Government Advocate takes notice for the official respondent. In view of the limited relief sought for in this petition and on the consent of 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 in Survey T.S. 2550/3, Ward No.10, Perumal Thevar Lane Ramanathapuram, Coimbatore. The petitioner made representation to the respondents, on 06.12.2021, for measuring and Sub-Divide Patta . However, till date no orders have been passed. Hence, this Writ Petition is flied with the aforesaid prayer.

4. The learned counsel appearing for the petitioner submitted that it would suffice, if this Court issues direction to the 1st respondent to consider petitioner's representation, dated 06.12.2021 and pass appropriate orders within a reasonable time that may be fixed by this Court.

5. The Government Advocate appearing on behalf of the official respondents submitted that the petitioner's representation dated 06.12.2021 will be considered by the 1st respondent, within a time stipulated by this Court.

6. This Court, without going into the merits of the case, directs the 1st respondent to consider the petitioner's representation dated 06.12.2021, in accordance with law, and pass appropriate orders, after providing an opportunity of hearing to the petitioner, to the private respondents and to the aggrieved parties if any, within a period of twelve weeks from the date of receipt of a copy of this order.

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

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR

Psa To 1.The Tahsildhar, O/o. Coimbatore North Tahsildar, Coimbatore District.

2.The Assistant Director, Survey Department, Coimbatore District.

3.The Head Surveyor, Tashildar Office Coimbatore, North, Coimbatore District.

+1cc to M/s.G.Bala & Daisy, Advocate Sr.21246 +1cc to the Government Pleader Sr.22459 W.P. No.7416 of 2022 pmk[co] srg 13/04/2022