Madras High CourtWP/21495/2015disposed of

S.M.Eswaramoorthy v. The Thasildar

2015-07-20Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20-07-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.21495 of 2015 1.S.M.Eswaramoorthy 2.K.Loganathan .. Petitioners vs The Tahsildar Tahsildar Office Annur, Coimbatore District .. Respondent Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondent to survey and demarcate the petitioners' property to an extent of 2486 square feet comprised in Survey No.198/4B situated in Masakgounden Chettipalayam Village, Annur Taluk, Coimbatore District, within a stipulated time frame.

For Petitioner : Mr.M.Prabaharan For Respondent : Mr.R.Govindasamy Additional GovernmenPleader

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioners claim to be the joint owners of the landed property admeasuring to an extent of 2,486 square feet, comprised in Survey No.198/4B, situated in Masakgounden Chettipalayam Village, Annur Taluk, Coimbatore District, by means of a registered sale deed bearing Document No.7577 of 2013 dated 19.9.2013, on the file of the Office of the Sub-Registrar, Annur. The petitioners would further state that the Deputy Tahsildar, Annur has also issued a joint patta bearing No.2125, in their favour and they had decided to put up a fence to protect their property and for that purpose, they wanted to survey and demarcate the same and in this regard, approached the https://hcservices.ecourts.gov.in/hcservices/

respondent by submitting an application dated 15.4.2015, and the said authority, in turn, forwarded the same to the Revenue Inspector, Annur, for enquiry and report, and since no progress took place, they came forward to file this writ petition.

3.Heard the submissions of the learned Counsel appearing for the petitioners, and Mr.R.Govindasamy, learned Additional Government Pleader, who accepted notice on behalf of the respondent. 4.Though the petitioners prayed for a larger relief, this Court in the light of the facts and circumstances and without going into the merits of the claim projected by the petitioners, directs the respondent to consider and dispose of the application submitted by the petitioners for demarcation and survey, in accordance with law, after putting on notice, the persons concerned, as expeditiously as possible and not later than eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners as well as to the persons concerned. The writ petition is disposed of accordingly. No costs.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To:

The Tahsildar Tahsildar Office Annur, Coimbatore District + 1cc to Mr. M. Prabaharan,Advocate, S.R. 36459 +1cc to Government pleader Sr.No. 36690 W.P.No.21495 of 2015 ca(op) cp.31.07.2015 https://hcservices.ecourts.gov.in/hcservices/