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Madras High CourtWP/9544/2022disposed of

Ramu v. The Tahsildar

2022-04-20Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.04.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI W.P.No.9544 of 2022 Ramu

...Petitioner

Vs

1. The Tahsildar, Ulundurpet Taluk, Cuddalore District.

2. The Taluk Surveyor, Ulundurpet Taluk Tahsildar Office, Cuddalore 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 to process the application for subdivision patta transfer vide Can No.0330706065153 and application No.2021/0105/33/343920 dated 23.11.2021 for subdivision of patta transfer from Joint patta No.1471 and 917 subsequently survey the land and issue separate patta to the petitioner for the lands comprised in Survey Number 37/4, 37/5B, 41/1C at Chemanagur Village, Ulundurpet Taluk, Kallakurichi District within stipulated time fixed by this Hon'ble Court. For Petitioner : Mr.S.Saravanakumar For Respondents : Mr.V.Veluchamy Additional Government Pleader

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the respondents to process the application for sub-division patta transfer vide Can No.0330706065153 and application No.2021/0105/33/343920 dated 23.11.2021 for subdivision of patta transfer from Joint patta No.1471 and 917 subsequently survey the land and issue separate patta to the petitioner for the lands comprised in Survey Number 37/4, 37/5B, 41/1C at Chemanagur Village, Ulundurpet Taluk, Kallakurichi District within stipulated time fixed by this Hon'ble Court.

2.

Mr.V.Veluchamy, learned Additional Government Pleader 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, 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 Survey Number 37/4, 37/5B, 41/1C at Chemanagur Village, Ulundurpet Taluk, Kallakurichi District. The petitioner filed an application to survey his property on 23.11.2021 and also paid the requisite fees to survey his property. 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 first 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 Additional Government Pleader 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 first respondent to consider the petitioner's representation dated 23.11.2021 and after affording an opportunity of hearing to the petitioner and aggrieved parties, if any and pass appropriate orders to survey his property 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.

s/d- Assistant Registrar(CS-VIII) True Copy Sub-Assistant Registrar mn

To

1. The Tahsildar, Ulundurpet Taluk, Cuddalore District.

2. The Taluk Surveyor, Ulundurpet Taluk Tahsildar Office, Cuddalore District.

+1 CC to The Government Pleader sr 27522 WP.No.9544 of 2022 RK(CO) SP(04/05/2022)