Madras High CourtWP/14186/2021disposed of

Elangovan v. The Tahsildar,

2021-07-09Honourable Mr Justice V. Bharathidasan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.14186 of 2021 Elangovan, S/o.Duraisamy ... Petitioner Vs.

The Tahsildar, Valapadi & Taluk, Salem Dt.

... Respondent Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondent to survey the land and issue patta with regard to the land in Old Survey No.42/17, New Survey No.128/9 at Somamapatti Village, Valapadi Taluk, Salem District and within the time frame fixed by this Hon'ble Court.

For Petitioner :

Mr.V.Gunasekar For Respondent :

Mr.Yogesh Kannadasan, Government Advocate

O R D E R

(The case has been heard through video conference) The Writ Petition has been filed seeking a direction directing the respondent to survey the land and issue patta in the name of petitioner with regard to the land in Old Survey No.42/17, New Survey No.128/9 witin a time frame as fixed by this court.

2. The grievance of the petitioner is that, the land in Old Survey No.42/17, New Survey No.128/9, situate at Somampatti Village, Valapadi Taluk, Salem District belong to petitioner's family. Earlier, a joint patta was also granted in favour of petitioner and his brother. Now, he has filed an application to measure the property before the respondent on 21.01.2019 and to issue separate patta in his favour. In pursuant to the same, the petitioner was informed that, the land will be surveyed on 14.02.2019. Thereafter, no survey has been conducted and no https://hcservices.ecourts.gov.in/hcservices/

order has been passed on it. Hence, the present writ petition has been filed by the petitioner.

3. Considering the limited prayer sought in the Writ Petition, without going into the merits of the case, the respondent Tahsildar is directed to consider the petitioner's application and to pass suitable orders on merits in accordance with law after hearing the petitioner as well as other interested parties, if any within a period of six weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar rpp To The Tahsildar, Valapadi & Taluk, Salem Dt.

+1cc to Mr.V.Gunasekar, Advocate (SR No.32972) +1cc to Government Pleader, High Court, Madras. (SR No.32920) W.P.No.14186 of 2021 AKII (CO) PR (23/07/2021) https://hcservices.ecourts.gov.in/hcservices/