S.Punithamala v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.08.2021
CORAM:
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P. No.17882 of 2021 S. Punithamala
...Petitioner
-VsThe Tahsildar, Cheyyar Taluk, Chengalpattu District
...Respondent
PRAYER: This Petition is filed under Article 226 of the Constitution of India, praying for the issue a Writ of Mandamus, directing the respondent herein to dispose the representation dated 13.11.2020 of the petitioner within time frame, seeking demarcation of the property in the name of the petitioner in respect of the property situated at 37, Koonankaranai Village, Cheyyur Taluk, Chengalpattu District in Old Survey No.248/2, and Grama Natham New Survvey No.248/4 admeasuring to extent of 1766 Sq. Ft. comprised in Patta No.74.
For Petitioner :: Mr. K. Thilagaraj For Respondent :: Mr. Yogesh Kannadasan (Government Advocate)
O R D E R
The relief sought for in this writ petition is for a direction to the the respondent herein to dispose the representation dated 13.11.2020 of the petitioner within time frame, seeking demarcation of the property in the name of the petitioner in respect of the property situated at 37, Koonankaranai Village, Cheyyur Taluk, Chengalpattu District in Old Survey No.248/2, and Grama Natham New Survvey No.248/4 admeasuring to extent of 1766 Sq. Ft. comprised in Patta No.74. 2.The learned counsel for the petitioner would submit that the property situated at 37, Koonankaranai Village, Cheyyur Taluk, Chengalpattu District in Old Survey No.248/2, and Grama Natham New Survvey No.248/4 admeasuring to extent of 1766 Sq. Ft. comprised in Patta No.74 belonged to maternal Grandfather of
the petitioner herein viz. M.Sellapillai S/o. Manikkapillai as he bought the same from Venkatachalapillai and Rangasamy Pillai vide Sale Deed dated 02.08.1995 in Document No703/1995 on the file of the SRO, Chithamur. The petitioner's grandfather was in possession and enjoyment of the said property after purchasing it. Then he executed a settlement deed dated 31.08.2020 in Document No.1614 of 2020 on the file of the SRO, Chithamur in the petitioner's favour. Consequently, Patta No.74 has been obtained by the petitioner. In event of demarcation of the aforesaid property, the petitioner has made a representation dated 13.11.2020 to the respondent to survey the property.
As the respondent has not taken any steps on the representation made by the petitioner, the petitioner who has no other efficacious and alternative remedy except to approach this Hon'bel High Court by invoking Article 226 of the Constitution of India, file the present Writ petition for issuance of Writ of Mandamus directing the respondent herein to dispose the representation dated 13.11.2020 within time frame as fixed by this Hon'ble Court.
3. The learned Government Advocate would submit that the said property was executed by way of settlement deed dated 31.08.2020 in favour of the petitioner in Document No.1614 of 2020 on the file of the SRO, Chithamur. Hence, this Court may be pleased to direct the respondent to consider the representation as prayed for.
4. Heard, the learned counsel for the petitioner and the learned Government Advocate for the respondent as well as perused the material available on record.
5. Having considered the aforesaid facts and circumstances of this case and submissions made by the learned Government Advocate, the respondent is directed to consider the representations dated 13.11.2020 seeking for demarcation of the said property within a period of twelve weeks from the date of receipt of copy of this order after surveying the same.
6. With the aforesaid directions, this Writ petition is allowed. Consequently, connected miscellaneous petition is closed if any. No costs.
Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar Lbm
To:
The Tahsildar, Cheyyur Taluk, Chengalpattu District +1cc to Mr.G.Magesh Kumar, Advocate, S.R.No.42890 +1cc to the Government Pleader, S.R.No.43043 W.P. No.17882 of 2021 RR(CO) RGA(30/09/2021)