Senthilkumar v. The Revenue Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.12881 OF 2022 Senthilkumar ... Petitioner .Vs.

1. The Revenue Tahsildar, Taluk Office, Kattumannarkoil, Cuddalore District.

2. The Firka Surveyor, Taluk Office, Kattumannarkoil, Cuddalore District - 608 301.

3. The Village Administrative Officer, Kunavasal Village, Kattumannarkoil Taluk, Cuddalore District - 608 306.

4. Selvakannan

5. Vetriselvan ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ or an order or direction in the nature of writ, particularly a Writ of Mandamus directing the Respondents 1 to 3 to conduct survey and demarcate the boundaries of the land comprised in R.s.No.141/4 admeasuring 0.23.50 Ares and R.S.No.130/1 admeasuring 06.00 Ares situated at kunavasal Village, Kattaumannarkoil Taluk, Cuddalore District so as to erect boundary stones.

For Petitioner : Mr.G.Pugazhendhi For Respondents : Mr.G.Krishna Raja Additional Government Pleader

ORDER

The present petition has been filed seeking a direction to Respondents 1 to 3 to survey the petitioner's property and demarcate the boundaries within the time stipulated by this Court.

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

3. It is the case of the petitioner that the subject lands devolved upon the petitioner by way of a settlement deed dated 14.02.2019 and since then the petitioner is in possession and enjoyment of the same. While being so, there arose a dispute between the petitioner and the Respondents 4 & 5 with regard to the boundaries of the lands. In order to give quietus to the issue, the petitioner made a representation dated 15.04.2022 to the Respondents 1 to 3 to survey and demarcate the boundaries of the lands. 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 official respondents herein 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 Respondents 1 to 3, has no objection to the said order being passed.

6. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the petitioner to submit a copy of the representation along with the copy of this order to the 1st Respondent/ Tahsildar. On receipt of the same, the 1st Respondent is directed to consider and pass appropriate orders on the same in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as the Respondents 4 & 5, 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(CCC) //True Copy// Sub Assistant Registrar NHS To 1.

The Revenue Tahsildar, Taluk Office, Kattumannarkoil, Cuddalore District.

2.

The Firka Surveyor, Taluk Office, Kattumannarkoil, Cuddalore District - 608 301.

3.

The Village Administrative Officer, Kunavasal Village, Kattumannarkoil Taluk, Cuddalore District - 608 306.

+1cc to Mr.G.Pugazhendhi, Advocate, S.R.No.32891 +1cc to the Government Pleader, S.R.No.33681 W.P.NO.12881 OF 2022 SV(CO) PBS/29/06/2022