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Madras High CourtWP/10897/2022disposed of

Dhanalakshmi v. The Tahsildar

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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2022

CORAM:

THE HON'BLE MR. JUSTICE M.DHANDAPANI W.P. No.10897 of 2022 Dhanalakshmi ... Petitioner

Versus

1. The Tahsildar, Taluk Office, Udumalpet, Tirupur District.

2. The Surveyor, Taluk Office, Udumalpet, Tirupur District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus directing the respondents to consider the petitioner representation dated 16.04.2022 to survey the lands and putting up boundary stones herein pertaining to the property situated at Kallapuram Village, Udumalpet Taluk, Tiruppur District in Survey Nos.467/3 to an extent of 0.69.00 Hectares, Survey No.466/B7 to an extent of 0.50.00 Hectares, Survey No.467/6 to an extent of 0.0.50 Hectares, Survey No.467/5 to an extent of 0.22.00 Hectares. For Petitioner : Mr.V. Murugesan For Respondents : Mr.R.Vigneswaran, Govt. Advocate

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the respondents to consider the petitioner representation dated 16.04.2022 to survey the lands and putting up boundary stones pertaining to the petitioner's property situated at Kallapuram Village, Udumalpet Taluk, Tiruppur District in Survey Nos.467/3 to an extent of 0.69.00 Hectares, Survey No.466/B7 to an extent of 0.50.00 Hectares, Survey

No.467/6 to an extent of 0.0.50 Hectares, Survey No.467/5 to an extent of 0.22.00 Hectares.

2. Mr.R. Vigneswaran, learned Government Advocate, Additional Government Pleader accepts 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 subject property and in this regard, she has submitted a representation dated 16.04.2022 to survey the lands and putting up boundary stones pertaining to her property. However, till date no order has been passed on the same. Hence, this present petition is filed.

4. The learned Government Advocate has no objection for said order being passed.

5. 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 lands and putting up boundary stones pertaining to the petitioner's property and pass orders on the same within a particular time frame 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 first respondent to consider the petitioner's representation dated 16.04.2022 and after affording an opportunity of hearing to the petitioner and aggrieved parties, if any and pass appropriate orders to survey her 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.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vsi2

To

1. The Tahsildar, Taluk Office, Udumalpet, Tirupur District.

2. The Surveyor, Taluk Office, Udumalpet, Tirupur District.

+1cc to Mr.V. Murugesan, Advocate, S.R.No.29328 +1cc to the Government Pleader, S.R.No.30466 W.P. No.10897 of 2022 SR-II(CO) CT 17/05/2022