Rajkumar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.14329 OF 2022 Rajkumar ... Petitioner Vs.

1. The Tahsildar Madurantakam Taluk Chengalpattu District.

2. Umapathy ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent herein to dispose within time frame the petitioner's representation dated 04.04.2022 seeking demarcation of the property in relation to the property situated at Madurantakam Taluk, Madurantakam Senguntharpettai Mettu Street comprised in Survey No.1212/6, now T.S.No.25 of Madurantakam Town, Chengalpattu District in Ward A Block No.18 as Survey No.1212/6 part admeasuring to an extent of 1754 square feet and bounded on North by Mettu Street, South by Mani house and land, East by Lakshmiammal and others plot and house, West by Karpagammal Plot and house.

For Petitioner :

Mr.K.Thilagaraj For Respondents :

Ms.Akila Rajendran for R1 Government Advocate

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus, to direct the first respondent to dispose the petitioner's representation dated 04.04.2022, seeking demarcation of the property in relation to the property in question.

2. Ms.Akila Rajendran, learned Government Advocate takes notice for the first respondent. 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 facts of the case is that the petitioner's property situated at Madurantakam Taluk, Madurantakam Senguntharpettai Mettu Street, Survey No.1212/6, now T.S.No.25 of Madurantakam Town, Chengalpattu District in Ward A Block No.18 as Survey No.1212/6 part admeasuring to an extent of 1754 square feet and bounded on North by Mettu Street, South by Mani house and land, East by Lakshmiammal and others plot and house, West by Karpagammal Plot. The house has been bought by the petitioner vide sale deed dated 08.09.2021 in Doc.No.3597/2021, SRO, Madurantakam from one K.Meena. After that the petitioner mutated the revenue records in his name and to survey his property and to fix boundary, he approached the respondent with a representation on 04.04.2022 with necessary fees. Thereafter, the first respondent attempted to survey the property but the second respondent, who is the adjacent land owner obstructed to survey the petitioner's land and thereby till date, the said exercise has not been carried out.

Hence, this present petition is filed.

4.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 dated 04.04.2022 and pass orders on the same within a particular time frame fixed by this Court. 5.The learned Government Advocate appearing for the first respondent has no objection for 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 first respondent to consider the petitioner's representation dated 04.04.2022 on merits and in accordance with the Survey and Boundaries Act, 1923 and pass appropriate orders after affording opportunity to the necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar dna/sk

To The Tahsildar Madurantakam Taluk Chengalpattu District.

+1cc to M/s.G.Magesh Kumar, Advocate, S.R.No.33528 +1cc to the Government Pleader, S.R.No.34591 W.P.No.14329 of 2022 RR(CO) RLP(05/07/2022)