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Madras High CourtWP/5720/2022disposed of

A.Arul v. The Tahsildar

2022-03-14Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :14.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.5720 of 2022 A.Arul

...Petitioner

Vs.

The Tahsildar, Ponneri Taluk Office, Ponneri, Thiruvallur District.

...Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to measure the petitioner's property comprised in Old S.No.486/8, Patta No.2787, as per Patta New S.No.486/8C, Vallur Village, Ponneri Taluk, Thiruvallur District, measuring an extent of 7 Cents, within stipulated time fixed by this Hon'ble Court.

For Petitioner :

Mr.D.Gopinathan For Respondent :

Mr.R.P.Murugan Raja Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondent to measure the petitioner's property comprised in Old S.No.486/8, Patta No.2787, as per Patta New S.No.486/8C, Vallur Village, Ponneri Taluk, Thiruvallur District, measuring an extent of 7 Cents, within a time frame that may be fixed by this 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 comprised in Old S.No.486/8, Patta No.2787, as per Patta New S.No.486/8C, Vallur Village, Ponneri Taluk, Thiruvallur District. The petitioner obtained this property by way of Partition Deed. Thereafter, petitioner made an application to the respondent on 05.02.2021, to measure the property and also remitted necessary fee in treasury on the same date. However, till date no orders have been passed. Hence, this writ petition is filed with the above said prayer.

4. The learned counsel appearing for the petitioner submitted that the petitioner made application to the respondent on 28.09.2018 itself, since no orders he made another application on 05.02.2021 and remitted the necessary fee on both the days itself. He further submitted that it would suffice, if this Court issues a direction to the respondents to consider the petitioner's representation dated 05.02.2021 and pass orders within the time frame that may be stipulated by this Court.

5. The learned Government Advocate appearing on behalf of the official respondent submitted that the petitioner's representation dated 05.02.2021 will be considered by the respondent within a reasonable time that may be fixed by this Court.

6. Without going into the merits of the case, the respondent is directed to consider the petitioner's representation dated 05.02.2021 and pass appropriate orders on merits and in accordance with law, after affording an opportunity 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 The Tahsildar, Ponneri Taluk Office, Ponneri, Thiruvallur District.

+1cc to Mr.D.Gopinathan, Advocate, Sr.No.17328 +1cc to the Government Pleader, Sr.No.17814 W.P. No.5720 of 2022 NRL(CO) RN(24/03/2022)