R.Deena Dayalan v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.12319 of 2022 R. Deena Dayalan ... Petitioner Vs.

The Tahsildar, Tondiarpet Taluk, Tondiarpet, Chennai-600 081.

... Respondent PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue an order or direction in the nature of a Writ of Mandamus by directing the Respondent to consider Petitioner's representation dated 17.02.2022 to survey his property my metes and bounds comprised in Survey No.2343/1 at Tondiarpet situated at Door No.28/4 Nagappan Street, Korukkupettai, Chennai 600 021 and issue such further writ, order or direction as this Court may deem fit and proper in the facts and circumstances of the case.

For Petitioner : M/s. S. Kanmani Annamalai For Respondent : Mr. G. Krishna Raja, Additional Government Pleader

ORDER

The present petition has been filed seeking a direction to the Respondent to dispose of the representation dated 17.02.2022 made by the petitioner to survey the petitioner's property within the time stipulated by this Court.

2. Mr. G. Krishna Raja, learned Additional Government Pleader takes notice for the respondent.

3. It is the case of the petitioner that the petitioner's father being an absolute owner of the entire extent of land, out of which, he had sold 972 Sq.ft of the land to one Vasantha bai under a registered sale deed and the same was sold to one T.Veerabadran under a registered sale deed, in turn the said land was sold to one Paul raj. After the demise of the petitioner's father, remaining portion of the land devolved upon the petitioner. While being so, the said Paul raj is putting up constructions beyond the extent of land which was purchased https://hcservices.ecourts.gov.in/hcservices/

by him. Therefore, in order to measure the boundaries of the land, the petitioner made a representation dated 17.02.2022 to the respondent herein. However, till date, the same has not been considered. Hence, the present petition has been filed.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the Respondent to consider the representation made by the petitioner and dispose of the same on merits within the time stipulated by this Court.

5. Learned Additional Government Pleader appearing for the respondent submits that the petitioner's representation dated 17.02.2022 will be considered and disposed of in accordance with law, within the time stipulated by this Court.

6. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the Respondent/Tahsildar to consider the representation dated 17.02.2022 made by the petitioner and dispose of the same in accordance with law, after providing opportunity to the respective parties, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar NHS To The Tahsildar, Tondiarpet Taluk, Tondiarpet, Chennai-600 081.

+1cc to M/s. S. Kanmani Annamalai, Advocate, S.R.No.32488 +1cc to the Government Pleader, S.R.No.33597 W.P.No.12319 of 2022 GPL(CO) CT/23/06/2022 https://hcservices.ecourts.gov.in/hcservices/