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Madras High CourtWP/16180/2022disposed of

D.Srinivasan v. The Tahsildar

2022-06-29Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI D.Srinivasan

...Petitioner

vs.

1. The Tahsildar, Thiruvallur District, Thiruvallur Taluk Office, Tiruvellur.

2. Kuppusamy ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to measure the property and demarcate and fix the boundary of the petitioner's property in No.32, Velliyur Village, Natham Survey No.393/3E of and extent of 6758 sq.ft. of vacant land.

For Petitioner : Mr.K.T.Devendran For Respondents : Mr.Yogesh Kannadasan Special Government Pleader 1/4

ORDER

This writ petition has been filed seeking for issuance of a Writ of Mandamus to direct the 1st respondent to measure the property and demarcate and fix the boundary of the petitioner's property in No.32, Velliyur Village, Natham Survey No.393/3E of and extent of 6758 sq.ft. of vacant land.

2. Since no adverse order has been passed against the second respondent, notice to him is dispensed with.

3. The case of the petitioner is that the property in question is an ancestral property settled by his father vide settlement deed dated 31.03.2009. However, when the petitioner tried to construct a compound wall, the second respondent gave hindrance to the petitioner. While so, the petitioner made a representation dated 15.06.2022, to survey and demarcate his property but the same was not considered by the first respondent. Hence the present Writ Petition.

4. Though very many grounds have been raised in this Writ Petition, 2/4

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 15.06.2022 and pass orders on merits within a particular time frame to be fixed by this Court.

5. The learned Special Government Pleader appearing for the first respondent has no objection for said order being passed.

6. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

7. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 15.06.2022 and pass appropriate orders, on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as private respondent, within a period of twelve weeks from the date of receipt of a copy of this order. 3/4

M.DHANDAPANI, J.

RAP

8. With the above observations and direction, the Writ Petition is disposed of. No costs.

29.06.2022 RAP Index : Yes/No Speaking order : Yes/No To The Tahsildar, Thiruvallur District, Thiruvallur Taluk Office, Tiruvellur.

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