Pounambal v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2022
CORAM
THE HONOURABLE Mr. JUSTICE M.DHANDAPANI WP.No.11501 of 2022 Pounambal
...Petitioner
Vs
1. The Tahsildar, Chinnasalem Taluk Office, Chinnasalem Taluk, Kallakurichi District.
2. The Zonal Land Surveyor, Land Survey Section, Chinnasalem Taluk Office, Chinnasalem Taluk, Kallakurichi District.
3. The Inspector of Police, Chinnasalem Police Station, Chinnasalem Taluk, Kallakurichi District-606 201.
4. Azhgarasan
...Respondents
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to consider the representation of the petitioner dated 04.04.2022 to measure the land properties with police Aid situate at Poondi Village, within limit of Chinnasalem, comprised in OPS. No.79/1 (0.88.0 Ares) and OPS. No.79/2 (0.76.0 Ares) along with a well thereon together with 5 HP electric motor to secure ends of justice. For Petitioner :
Mr. A.Ramesh For Respondents :
Mr. Yogesh Kannadasan, Spl. GP
ORDER
This writ petition is filed seeking direction to the second respondent to consider the representation of the petitioner dated 04.04.2022 to measure the land properties with police Aid situate at Poondi Village, within limit of Chinnasalem, comprised in OPS. No.79/1 (0.88.0 Ares) and OPS. No.79/2 (0.76.0
Ares) along with a well thereon together with 5 HP electric motor to secure ends of justice.
2. The case of the petitioner is that the petitioner is the owner of the properties situate at Poondi Village within Chinnasalem Taluk limits comprised in OPS. No.79/1 (0.88.0 Ares) and OPS. No.79/2 (0.76.0 Ares) along with a well and 5 HP electric motor and the petitioner purchased the said properties from one Sarojini and her husband Venkatachalapathy. The petitioner made a representation to the first respondent on 16.02.2022 to measure the afore said properties. In the meanwhile, the 4th respondent has filed a suit in O.S.No.36/2022 on the file of the learned Additional Session Court, Kallakurichi and given a petition to the second respondent. Therefore, the petitioner made a representation to the first respondent on 04.04.2022 to measure the afore said properties. However, the respondent has not considered the same so far. Without having no other option, the petitioner has filed the present writ petition before this Court.
3. The learned counsel for the petitioner submitted that this Court may issue a suitable direction to the respondents to consider the petitioner's representation dated 04.04.2022 and pass appropriate orders within the time stipulated by this Court.
4. The learned Special Government Pleader appearing on behalf of the respondents submitted that the petitioner's representation dated 04.04.2022 will be considered and suitable orders will be passed on merits within the stipulated period as fixed by this Court.
5. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without going into the merits of the case, direct the respondents to consider the petitioner's representation dated 04.04.2022 and take necessary steps to survey the land, on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner as well as the 4th respondent, within a period of twelve weeks from the date of receipt of a copy of this order.
6. With the aforesaid direction, this Writ Petition stands disposed of. No costs.
-s/dAssistant Registrar //True Copy// Sub-Assistant Registrar Rli
To
1. The Tahsildar, Chinnasalem Taluk Office, Chinnasalem Taluk, Kallakurichi District.
2. The Zonal Land Surveyor, Land Survey Section, Chinnasalem Taluk Office, Chinnasalem Taluk, Kallakurichi District.
3. The Inspector of Police, Chinnasalem Police Station, Chinnasalem Taluk, Kallakurichi District-606 201.
+1cc to Mr.A.Ramesh, Advocate, S.R.No.30216 WP.No.11501 of 2022 NR(CO) RN(01/06/2022)