Gowrisankar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.14642 of 2022 Gowrisankar ... Petitioner Vs.

1. The Tahsildar Taluk Office, Tiruppur North, Tiruppur District.

2. The Land Surveyor/FIRKA Surveyor, Tiruppur North, Tiruppur District.

3. The Village Administrative Officer, Thottipalayam Village, Tiruppur District.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to survey the land comprised in Site No.2 in Thottipalayam Village S.F.No.755, T.S.No.648/17/1, Royapuram South Street, New Ward No.46, Old Ward No.17, Block 125, Ward H, Tiruppur Town, Tiruppur Taluk, Tiruppur Joint 1 Sub Registration District, Tiruppur Registration District to an extent of 2609 1/4 square feet with the help of competent surveyor in field measurements and village map and with sufficient police protection and further direction to the respondents 1 and 2 to mark the land laying corner stones and to file a report of survey within a stipulated period thereby directing the respondents to dispose the petitioner application dated 20.04.2022 within a fixed time frame as stipulated by this Hon'ble Court.

For Petitioner :

Mr.M.Mohamed Riyas For Respondents :

Mr.G.Krishna Raja Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the respondents 1 to 3 to survey the land comprised in Site No.2 in Thottipalayam Village S.F.No.755, T.S.No.648/17/1, Royapuram South Street, New Ward No.46, Old Ward No.17, Block 125, Ward H, Tiruppur Town, Tiruppur Taluk, Tiruppur Joint 1 Sub Registration District, Tiruppur Registration District to an extent of 2609 1/4 square feet with the help of competent surveyor in field measurements and village map and with sufficient police protection and further direction to the respondents 1 and 2 to mark the land laying corner stones and to file a report of survey within a stipulated period thereby directing the respondents to dispose the petitioner's application dated 20.04.2022 within a fixed time frame as stipulated by this Court. 2.

The case of the petitioner is that the petitioner is the owner of the subject property and he made application to the respondents on 20.04.2022 seeking to survey the subject properties and to mark and place the boundary stones and since the same has not yet been considered, has filed this writ petition.

3.The learned counsel appearing for the petitioner submitted that without going into the merits of the case, it would suffice, if this Court issues direction to the respondents to consider the petitioner's application made on 20.04.2022 and to pass appropriate orders within a reasonable time frame. 4.Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's application made on 20.04.2022, on merits and in accordance with law and after providing opportunity to the necessary parties, pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

5.This writ petition is accordingly disposed of. No costs. Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar

pri To

1. The Tahsildar Taluk Office, Tiruppur North, Tiruppur District.

2. The Land Surveyor/FIRKA Surveyor, Tiruppur North, Tiruppur District.

3. The Village Administrative Officer, Thottipalayam Village, Tiruppur District.

+1cc to Mr.M.Mohamed Riyas, Advocate SR. No. 35056 +1cc to Government Pleader SR. No. 35914 W.P.No.14642 of 2022 SKM (CO) PR (27/06/2022)