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Madras High CourtWP/10195/2022disposed of

Balasubramaniyan v. The Thasildar

2022-04-27Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2022 CORAM :

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.10195 OF 2022 Balasubramaniyan ... Petitioner Vs.

1.

The Tahsildar, Tahsildar Office, 2.

The Land Surveyor, Office of Tahsildar, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to survey the property comprised in 466/B and SF.No.467 Kallapuram Village, Udumalpet Taluk and Thiruppur District and fix boundary stones by considering the representation of the petitioner herein dated 16.04.2022.

For Petitioner : Mr.R.Nalliyappan For Respondents : Mr.P.Sathish Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents herein to survey the properties comprised in SF.No.466/B and SF.No.467, Kallapuram Village, Udumalpet Taluk and Thiruppur District and fix boundary stones, by considering the representation of the petitioner herein dated 16.04.2022.

2. The case of the petitioner is that the petitioner and four others, namely Papatthi, N.Duraisamy, Rajeswari, and N.Nagaraj are owing properties comprised in the aforesaid Survey numbers in Kallapuram Village, of an extent of 4 acres and 11 cents. Joint Patta had been issued in favour of the petitioner and others in Patta Nos.2172 and 2173. The Revenue Authorities included the name of the petitioner along with other land owners jointly in the Revenue Records with respect to the aforesaid Survey Numbers. Therefore, the petitioner made a representation dated 16.04.2022 before the respondents, to measure and survey his property by fixing boundary stones and the petitioner has paid necessary charges to survey the aforesaid properties. As the said representation made by the petitioner has evoked no response from the respondents, the petitioner has filed the present Writ Petition.

3. The learned counsel for the petitioner submitted that it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 16.04.2022 and pass orders on the same within a particular time frame that may be fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents has no objection for said order being passed.

5. 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 16.04.2022 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.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar jd/rap To 1.

The Tahsildar, Tahsildar Office,

2.

The Land Surveyor, Office of Tahsildar, +1cc to Mr.R.Nalliyappan, Advocate, S.R.No.29152 +1cc to the Government Pleader, S.R.No.30424 W.P.No.10195 of 2022 SR-II(CO) RLP(20/05/2022)