Madras High CourtWP/1509/2016disposed of

Alamelu, v. The Thasildhar,

2016-01-19Honourable Mr Justice K. Kalyanasundaram2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2016

CORAM

THE HONOURABLE MR. JUSTICE K.KALYANASUNDARAM W.P.No.1509 of 2016 Alamelu .. Petitioner Vs.

1. The Tahsildar Salem Taluk, Salem District

2. The Assistant Director (survey) Office of the District Collector Salem.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct the respondents to survey the land belongs to the petitioner existing in 66/5B, Reddiyur Village, Salem District and fix survey stones on all the sides within a reasonable time by considering the representation of the petitioner herein dated 04.01.2016.

For Petitioner : M/s.R.Nalliyappan For respondents : M/s.V.Subbiah, Spl.GP.

O R D E R

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner would claim that she had purchased properties in SF.No.66/5B, Reddiyur Village, Salem District through a registered sale deeds in document Nos.1934/1987, 9/1998 and 822/1992 and she has been in possession and enjoyment of the same. Her name has also been mutated in the revenue records.

3.The petitioner has alleged that the adjacent land owners were trying to encroach upon the property of the petitioner and therefore she had been making representation to the respondents requesting them to survey the properties of the petitioner. Since the request was not responded, she made a representation dated 04.01.2016 and even then, the respondents are not showing https://hcservices.ecourts.gov.in/hcservices/

any interest to consider the claim of the petitioner. Hence, the petitioner before this Court by way of writ petition. 4.Heard the submissions of Mr.R.Bharath Kumar, learned counsel appearing for the petitioner and Mr.V.Subbiah, Special Government Pleader who accepts notice on behalf of the respondents.

5.This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the first respondents to consider the representation of the petitioner dated 04.01.2016 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner. 6.The Writ Petition is disposed of accordingly. No costs. tsh s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To 1.The Tahsildar Salem Taluk, Salem District 2.The Assistant Director (survey) Office of the District Collector Salem.

+ 1 cc to M/s.R.Nalliyappan, Advocate SR 2878 + 1 cc to the Govt.Pleader, High Court, Madras SR 3297 mp(co) prk18/2 W.P.No.1509 of 2016.

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