B.Udayakumar v. The Revenue Divisional Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2022
CORAM
THE HONOURABLE Mr. JUSTICE M.DHANDAPANI WP.No.7188 of 2022 B.Udayakumar ... Petitioner Vs
1. The Revenue Divisional Officer, Office of Revenue Divisional Officer, Pollachi Taluk, Coimbatore District.
2. The Tahsildar, Pollachi Taluk Office, Pollachi Taluk, Coimbatore District.
3. The Town Surveyor, Pollachi Taluk Office, Pollachi Taluk, Coimbatore District.
... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 2 and 3 to measure and survey the petitioner properties comprised in S.F.No.195/A and S.F.No.196/A, measuring 2.671⁄2 acres and 1.311⁄2 acres respectively i.e. in total 3.99 acres situated at Singanullur Village, Pollachi Taluk, within the time that may be fixed by this Hon'ble Court.
For Petitioner : Mr.R.Nandhakumar For Respondents : Mr.A.Anandan Government Advocate
ORDER
This writ petition has been filed to issue a Writ of Mandamus, directing the second and third respondents to measure and survey the petitioner properties comprised in S.F.No.195/A and S.F.No.196/A, measuring 2.671⁄2 acres and 1.311⁄2 acres respectively i.e. in total 3.99 acres situated at Singanullur
Village, Pollachi Taluk, within the time that may be fixed by this Hon'ble Court.
2.
Mr.A.Anandan, learned Government Advocate takes notice for the respondents. In view of the limited relief sought for in this petition, on the consent expressed by the Learned counsel appearing for either side, taken up for final disposal. 3.
The case of the petitioner is that, he claims that he is the owner of the properties, comprised in S.F.No.195/A and S.F.No.196/A, measuring 2.671⁄2 acres and 1.311⁄2 acres respectively, situated at Singanullur Village, Pollachi Taluk. The petitioner made an application to survey the above said properties and paid the requisite fees on 28.01.2022. However, till date no order has been passed on the same. Hence, this present petition is filed.
4.
Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the second respondent to consider the petitioner's application for surveying the disputed properties and pass orders on the same within a particular time frame fixed by this Court.
5.
The learned Government Advocate has no objection for said order being passed.
6.
In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the second respondent to consider the petitioner's application to survey the properties comprised in S.F.No.195/A and S.F.No.196/A, measuring 2.671⁄2 acres and 1.311⁄2 acres respectively, situated at Singanullur Village, Pollachi Taluk, and after affording an opportunity of hearing, 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. 7.
With the above direction, this writ petition is disposed of. No order as to costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mn/rli
To
1. The Revenue Divisional Officer, Office of Revenue Divisional Officer, Pollachi Taluk, Coimbatore District.
2. The Tahsildar, Pollachi Taluk Office, Pollachi Taluk, Coimbatore District.
3. The Town Surveyor, Pollachi Taluk Office, Pollachi Taluk, Coimbatore District.
+1cc to Mr.R.Nandhakumar, Advocate, S.R.No.20556 WP.No.7188 of 2022 SKM(CO) CT 18/04/2022