Madras High CourtWP/9492/2022disposed of

K.R.Simon v. The Tahsildar

2022-04-18Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.04.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI W.P.No.9492 of 2022 K.R.Simon ... Petitioner Vs

1. The Tahsildar, Coonoor Taluk, Coonoor,

2. The Municipal Town Surveyor, Coonoor Municipal Office, Coonoor, ... 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 measure the petitioner's land situated in old S.No.714, new T.S.No.39/2 and Block No.11, Ward No.B, Coonoor Town, The Nilgiris District and note down the boundaries.

For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.A.Anandan Government Advocate

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the respondents to measure the petitioner's land situated in old S.No.714, new T.S.No.39/2 and Block No.11, Ward No.B, Coonoor Town, The Nilgiris District and note down the boundaries.

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, the petitioner is the owner of the property comprised in old S.No.714, new

T.S.No.39/2 and Block No.11, Ward No.B, measuring an extent of 14 1⁄2 cents, situated at Coonoor Town, The Nilgiris District. The petitioner made a representation dated 18.02.2022, to survey the subject property and also paid the requisite fees. 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 property 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 first respondent to consider the petitioner's representation dated 18.02.2022, to survey the property 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-VI) //True Copy// Sub Assistant Registrar mn To

1. The Tahsildar, Coonoor Taluk, Coonoor,

2. The Municipal Town Surveyor, Coonoor Municipal Office, Coonoor, +1cc to the Government Pleader, S.R.No.26770 WP.No.9492 of 2022 AK-II(CO) SU(06/05/2022)