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Madras High CourtWP/10494/2022disposed of

S.Periyasamy v. The Taluk Deputy Surveyour

2022-04-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.10494 OF 2022 S.Periyasamy

...Petitioner

Vs.

1.The Taluk Deputy Surveyor, Taluk Office, Avinashi Taluk, 2.The Tahsildar, Avinashi Taluk, Avinashi, 3.The Land Surveyor, O/o.the Tahsildar, Avinashi Taluk,

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to measure and survey the land measuring an extent of 0.49 Cents Punja Acre, comprised in Survey No.182/3, Subdivision Survey No.182/3B, 4B, situated at Perumanallur village, Avinashi Taluk, Tiruppr District, in pursuant to the representation dated 02.04.2022.

For petitioner :

Mr.S.Saravanan For Respondents :

Mr.P.Sathish Additional Government Pleader

ORDER

The petitioner has filed this petition seeking direction to the respondents to measure and survey the land measuring an extent of 0.49 Cents Punja Acre, comprised in Survey No.182/3, Sub-division Survey No.182/3B, 4B, situated at Perumanallur village, Avinashi Taluk, Tiruppr District, in pursuant to the representation dated 02.04.2022.

2. Mr.P.Sathish, learned Additional Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on 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 S.No.182/3, subdivision S.No.182/3B, 4B, measuring an extent of 0.49 Cents Punja Acre, situated at Perumanallur Village, Avinashi Taluk, Tiruppur District. In respect of the above said property, the Patta bearing no.220, stands in the name of petitioner. Hence, the petitioner made a representation dated 02.04.2022, before the respondents to survey the property. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondents to consider the petitioner's representation dated 02.04.2022 within the time frame that may be fixed by this Court.

5. The learned Additional Government Pleader appearing for the respondents submits that the petitioner's representation dated 02.04.2022 will be considered by the respondents within the time frame that may be fixed by this Court.

6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 02.04.2022, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order. After affording an opportunity to the aggrieved persons.

7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CO) // True Copy // Sub Assistant Registrar tri To 1.The Taluk Deputy Surveyor, Taluk Office, Avinashi Taluk,

2.The Tahsildar, Avinashi Taluk, Avinashi, Tiruppur District.

3.The Land Surveyor, O/o.the Tahsildar, Avinashi Taluk, +1cc to Mr.S.Saravanan, Advocate Sr.No.29516 +1cc to the Government Pleader Sr.No.30913 W.P.No.10494 of 2022 PVS(CO) RVM(19/05/2022)