V.Periyannan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI V.Periyannan ... Petitioner Vs.

1.The Tahsildar, Mettur Taluk, Mettur, Salem District.

2.The Survey Inspector/Taluk Surveyor, Office of Tahsildar, Mettur, Salem District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to survey the land comprised in the Survey No.179/1A, measuring an extent of 1.4 cents situate at Aranganur Village, Mettur Taluk, Salem District and to demarcate boundaries based on the representation of the petitioner dated 28.04.2021 and 27.08.2021 within a stipulated time.

For Petitioner : Mr.C.Prabakaran For Respondents : Mr.R.P.Murugan Raja Government Advocate 1/4

O R D E R

This petition has been filed for issuance of Writ of Mandamus seeking to direct the respondents to survey the land comprised in Survey No.179/1A, measuring an extent of 1.4 cents situate at Aranganur Village, Mettur Taluk, Salem District and to demarcate boundaries based on the representations of the petitioner dated 28.04.2021 and 27.08.2021 within a stipulated time.

2. Mr.R.P.Murgan Raja, learned Government Advocate takes notice for the respondents. 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 case of the Petitioner is that the petitioner is the owner of the property comprised in Survey No.179/1A, measuring an extent of 1.4 cents situate at Aranganur Village, Mettur Taluk, Salem District. In order to develop the said property, the petitioner has made a representation dated 28.04.2021 before the first respondent seeking to survey the land and to fix the metes and bounds of the said property and necessary charges are also paid on the same day. As there was no response, the petitioner has submitted a reminder representation on 27.08.2021 to the first respondent requesting to take 2/4

appropriate action on his representation dated 28.04.2021. But, so far, no steps have been taken to survey the said property. Hence, this petition. 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 respondents to consider the petitioner's representations dated 28.04.2021 and 27.08.2021 and pass orders on the same within a particular time frame fixed by this Court.

5.The learned Government Advocate appearing for the respondents 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 respondents to consider the petitioner's representations dated 28.04.2021 and 27.08.2021 on merits and in accordance with law and shall survey and measure the property in terms of the Survey and Boundaries Act, 1923 and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. M.DHANDAPANI, J.

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7. With the above directions, this writ petition is disposed of. No costs. 28.06.2022 Index : Yes/No Internet : Yes/No Speaking/Non speaking order rsi To 1.The Tahsildar, Mettur Taluk, Mettur, Salem District.

2.The Survey Inspector/Taluk Surveyor, Office of Tahsildar, Mettur, Salem District.

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