K..Muniyappan v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.03.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR 1.K.Muniyappan 2.P.Thangaraj 3.Killiyammal 4.Jayalakshmi ... Petitioners in W.P.No.6762 of 2023 1.K.Arjunan 2.P.Karnan ... Petitioners in W.P.No.6766 of 2023 G.Dhatchnamoorthi ... Petitioner in W.P.No.6768 of 2023 Vs 1.The Tahsildar, Denkanikottai Taluk Office, Denkanikottai Taluk, Krishnagiri District.
2.The Land Surveyor, Denkanikottai Taluk Office, Denkanikottai Taluk, Krishnagiri District.
... Respondents in all WPs Prayer in WP.No.6762 of 2023: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to measure the land, fix the boundaries as per the boundaries mentioned in the sale deed dated 20.11.2017 and grant joint patta in favour of the petitioner and Co-owners, in respect of the land measuring 20 cents comprised in Old S.No.159, New S.No.159/1B, Odyandahalli Village, Denkanikottai Taluk, Krishnagiri District, as per the 1/6
application/representation dated 05.01.2018 and 31.1.2023 submitted by the petitioners.
Prayer in WP.No.6766 of 2023: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to measure the land, fix the boundaries as per the boundaries mentioned in the sale deed dated 25.02.2013 and grant joint patta in favour of the petitioner and Co-owners, in respect of the land measuring 32 cents comprised in Old S.No.159, New S.No.159/1B, Odyandahalli Village, Denkanikottai Taluk, Krishnagiri District, as per the representation dated 05.01.2018 and 31.1.2023 submitted by the petitioners. Prayer in WP.No.6768 of 2023: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to measure the land, fix the boundaries as per the boundaries mentioned in the sale deed dated 20.11.2017 Document No.
2137/2017 and grant patta in favour of the petitioner, in respect of the land measuring 11 cents comprised in Old S.No.159, New S.No.159/1B, Odyandahalli Village, Denkanikottai Taluk, Krishnagiri District, as per the online application/representation dated 08.01.2018 and 31.1.2023 submitted by the petitioner.
In all WPs For Petitioners : Mr.R.Ramesh Raja For Respondents : Mr.Yogesh Kannadasan Special Government Pleader COMMON ORDER Since the issue raised in all these writ petitions is one and the same, with the consent of the learned counsel appearing for both sides, all these writ petitions were heard together and are disposed of by this common order.
2/6
2. The respective petitioners in these writ petitions had made applications on 05.01.2018, 08.01.2018 and 31.01.2023 to the respondent Tahsildar to survey the respective land at Old Survey No.159, New S,No.159/1B situated at Odyandahalli Village, Denkanikottai Taluk, Krishnagiri District. It is also the claim of the petitioners that, they have paid the necessary fee to that effect, despite that, since no action has been taken by the Tahsildar to survey the land to identify the boundaries, the petitioners have moved the present writ petitions with the respective prayers.
3. Heard the learned counsel appearing for the petitioners and the learned Special Government Pleader appearing for the respondents.
4. The learned Special Government Pleader for the respondents would submit that the representations submitted by the petitioners to survey the respective lands of the petitioners are concerned, that applications would be considered and needful would be undertaken by completing the survey if it is in order within a time frame that may be stipulatd by this Court. 3/6
5. Considering the said submission made by the learned Special Government Pleader for the respondents in these writ petitions, this Court is inclined to dispose of all these writ petitions with the following orders: That in each of the respective writ petitions, respective applications along with the fee submitted by the petitioners shall be taken up and needful should be undertaken by the Tahsildar concerned by completing the survey in respect of the land in question in all these writ petitions within a period of twelve weeks from the date of receipt of a copy of this order.
6. With these directions, all the Writ Petitions are disposed of. No costs.
03.03.2023 Index : Yes / No Speaking Order : Yes / No Sgl 4/6
To 1.The Tahsildar, Denkanikottai Taluk Office, Denkanikottai Taluk, Krishnagiri District.
2.The Land Surveyor, Denkanikottai Taluk Office, Denkanikottai Taluk, Krishnagiri District.
5/6
R.SURESH KUMAR, J.
Sgl 03.03.2023 6/6