← Library
Madras High CourtWP/16605/2022disposed of

K.Vignesh v. The Thasildar

2022-07-01Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI K.Vignesh ... Petitioner Vs.

1.The Thasildar, Uthangarai Taluk, Krishnagiri District.

2.The Inspector of Police, Kallavi Police Station, Uthangarai Taluk, Krishnagiri District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to survey petitioner's land and transfer patta to petitioner with an extent of 01.33.5 Hectares comprised in S.No.19/4A in the New Sub Division S.No.19/4A1 and Sl.No.2 extent of 1.22 acres in Thottampatti Revenue Village situated at Kaatanoor Village, Uthangarai Taluk, Krishnagiri District with Police Protection.

For Petitioner : Mr.K.Thiruvengadam For Respondents : Mr.P.Sathish Additional Government Pleader 1/5

O R D E R

The petitioner has filed this petition for issuance of Writ of Mandamus, to direct the respondents to survey his land and transfer patta to him with an extent of 01.33.5 Hectares comprised in S.No.19/4A in the New Sub Division S.No.19/4A1 and Sl.No.2 extent of 1.22 acres in Thottampatti Revenue Village situated at Kaatanoor Village, Uthangarai Taluk, Krishnagiri District with Police Protection.

2. Mr.P.Sathish, learned Additional Government Pleader 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 had purchased the petition mentioned property from his vendor through a registered sale deed dated 19.08.2021 on the file of Sub Registrar, Uthangarai. Ever since the purchase, the petitioner is in possession and enjoyment of the property. Since the Patta and all revenue records are stands in the name of his 2/5

vendor, the petitioner made a representation dated 13.04.2022 before the first respondent to survey his land with proper boundaries. But the first respondent has not taken any steps to survey the petitioner's land and made sub-division in existing survey number. Hence, the petitioner is before this Court 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 representation dated 13.04.2022 and pass orders on the same within a particular time frame fixed by this Court.

5.The learned Additional Government Pleader 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 first respondent to consider the petitioner's representation dated 13.04.2022 on merits and in accordance with law and shall survey and measure the 3/5

property in terms of the Survey and Boundaries Act, 1923, if there is no 4/5

M.DHANDAPANI, J.

rsi litigation in between the petitioner and his neighbours and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above directions, this writ petition is disposed of. No costs.

01.07.2022 Index : Yes/No Internet : Yes/No rsi To 1.The Thasildar, Uthangarai Taluk, Krishnagiri District.

2.The Inspector of Police, Kallavi Police Station, Uthangarai Taluk, Krishnagiri District.

5/5