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Madras High CourtWP/10072/2020disposed of

U.Jinendra Kumar v. The Tahsildar

2020-08-04Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.10072 of 2020 U.Jinendar Kumar ... Petitioner Vs.

1.The Tahsildar, Office of the Tahsildar, Dr.Balasundaram Road, Coimbatore District (North), Coimbatore 641 018.

2.The Inter-Taluk Field Surveyor, Office of the Tahsildar, Dr.Balasundaram Road, Coimbatore District (North), Coimbatore 641 018.

...Respondents

PRAYER : Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing the respondents to measure and survey my land situated in Coimbatore Registration District, in Ganapathy Sub-Registration District, in Coimbatore Taluk, Vilankurichi Village, S.F.No.4 A, an extent of Punjai Acre 10.34 Kist Rs.5.18 in this Acre 1.16.292 cents in pursuant to the petitioner's representation dated 09.06.2020 and pass orders.

For Petitioner : Mr.R.Shanmugam For Respondents : Mr.A.Aruldoss, Government Advocate

O R D E R

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to consider the representation made by the petitioner on 09.06.2020 and to survey the land within the time stipulated by this Court. 2.The case of the petitioner is that he is the owner of the subject property by virtue of a registered Sale Deed. The further case of the petitioner is that a patta has been issued in favour of the petitioner and his brother for the said property. The petitioner wanted to deal with the property and therefore, he made a representation to the respondents to survey the property based on the title document and the petitioner has also paid the necessary fees. Since the representation was not considered, the present writ petition has been filed before this Court seeking for appropriate direction.

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3.Heard Mr.R.Shanmugam, learned counsel appearing on behalf of the petitioner and Mr.A.Aruldoss, learned Government Advocate appearing on behalf of the respondents. 4.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the first respondent to consider the representation made by the petitioner on 09.06.2020 and deal with the same in accordance with law and conduct the survey, if the petitioner satisfies all the requirements. The process shall be completed within a period of six weeks from the date of receipt of a copy of this order. The petitioner shall make a fresh representation to the first respondent along with all the documents and also a copy of the representation dated 09.06.2020 and a copy of this order.

5.This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar vkr To 1.The Tahsildar, Office of the Tahsildar, Dr.Balasundaram Road, Coimbatore District (North), Coimbatore 641 018.

2.The Inter-Taluk Field Surveyor, Office of the Tahsildar, Dr.Balasundaram Road, Coimbatore District (North), Coimbatore 641 018.

+1cc to Mr.S.Saravanan , Advocate SR.No. 26791 +1 cc to Government Pleader Sr.No. 26142 W.P.No.10072 of 2020 A.SK(20/08/2020) https://hcservices.ecourts.gov.in/hcservices/