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Madras High CourtWP/23462/2021disposed of

R.Amudha v. The Tahsildar

2021-11-01Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.11.2021

CORAM:

THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN W.P.No23462 of 2021 R.Amudha

...Petitioner

Versus

1. The Tahsildar, Shozhinganallur Taluk,

2. The Land Revenue Officer, Land Survey, Shozhinganallur Taluk,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 21.09.2021 and survey the lands belonged to her situated in Kancheepuram District, Tambaram Taluk, No.49, Injambakkam Village, Periyar Street, comprised in Survey No.90 bearing door 1/195AD to an extent of 3566.48 Sq.ft., with partly constructed area which is within Sub Registration District of Neelankarai and Registration District of South Madras. For Petitioner : Mr.Louisal Ramesh For Respondents: Mr.Yogesh Kannadasan Government Advocate

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 21.09.2021 and survey the lands belonged to her situated in Kancheepuram District, Tambaram Taluk, No.49, Injambakkam Village, Periyar Street, comprised in Survey No.90 bearing door 1/195AD to an extent of 3566.48 Sq.ft., with partly constructed area which is within Sub Registration District of Neelankarai and Registration District of South Madras.

2. According to the petitioner, the property measuring to

an extent of 6185 Sq.ft. (14.18 Cents) situated in Kancheepuram District, Tambaram Taluk, No.136, Injambakkam Village, comprised in Survey No.90, was originally belonged to one Mr.R.Rangasamy, who in turn had settled 8.18 Cents, i.e., 3566.48 Sq.ft. out of 14.18 Cents to and in favour of his wife namely R.Meenakshi by virtue of a registered Settlement Deed vide Document No.4434 of 2004 on file of Sub Registrar Office, Neelankarai. Subsequently, the said R.Meenakshi sold the same to the petitioner by virtue of a registered Sale Deed vide Doc. No.4032 of 2005 dated 08.07.2005 on the file of Sub Registrar Office, Neelankarai, in Book No.1. After purchasing the aforesaid property, she is in possession and enjoyment of the same without any hindrance and mutated all the Revenue Records in her favour.

Subsequently, she made a representation dated 21.09.2021 along with necessary survey charges of Rs.800/- to the 1st respondent requesting to survey and measure the aforesaid property, but, till date, no action has been taken by the first respondent/Tahsildar on the petitioner's representation. Hence this petition.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the 1st respondent to consider the petitioner's representation dated 21.09.2021 and dispose of the same within a stipulated time that may be framed by this Court.

4. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, with a direction to the 1st respondent to consider the petitioner's representation dated 21.09.2021 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and respondents within a period of sixteen weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar gba To

1. The Tahsildar, ShoZhinganallur Taluk,

2. The Land Revenue Officer, Land Survey, Shozhinganallur Taluk, +1cc to Mr.Louisal Ramesh, Advocate, S.R.No.57319 +1cc to the Government Pleader, S.R.No.57658 W.P.No.23462 of 2021 KG(CO) SB(29/11/2021)