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Madras High CourtWP/7938/2022disposed of

Palaniyappan v. The Tahsildar

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.04.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI W.P.No.7938 of 2022 Palaniyappan ... Petitioner Vs The Tahsildar, Edappadi Taluk, Salem District.

... Respondent Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to re-survey the petitioner property comprised in S.No.325/7A1 and 325/6A totally to an extent of 0.36 1⁄2 cents situated at Koranampatti Village, Edappadi Taluk, Salem District and to mark the boundaries by considering the petitioner's appeal petition dated 29.04.2021. For Petitioner : Mr.R.Jayaprakash For Respondent : Mr.R.P.Murugan Raja Government Advocate

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the respondent to re-survey the petitioner property comprised in S.No.325/7A1 and 325/6A totally to an extent of 0.36 1⁄2 cents situated at Koranampatti Village, Edappadi Taluk, Salem District and to mark the boundaries by considering the petitioner's appeal petition dated 29.04.2021. 2.

Mr.R.P.Murugan Raja, learned Government Advocate takes notice for the respondent. In view of the limited relief sought for in this petition, on the consent expressed by the Learned counsel appearing for 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 properties comprised in S.No.325/7A1 and 325/6A totally to an extent of 0.36 1⁄2 cents https://hcservices.ecourts.gov.in/hcservices/

situated at Koranampatti Village, Edappadi Taluk, Salem District. The petitioner filed an appeal before the respondent on 29.04.2021, to re-survey his properties and also paid the requisite fees to re-survey his properties. 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 respondent to consider the petitioner's representation 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 respondent to consider the petitioner's appeal petition dated 29.04.2021, to survey the properties and after affording an opportunity of hearing to the petitioner and aggrieved parties, if any 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.

7.

With the above direction, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS-II) //True copy// Sub Assistant Registrar mn To The Tahsildar, Edappadi Taluk, Salem District.

+1cc to Mr.R.Jayaprakash, Advocate SR.No.22849 +1cc to Special Government Pleader SR.No.23387 WP.No.7938 of 2022 SKM(CO) GMY(18/04/2022) https://hcservices.ecourts.gov.in/hcservices/