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Madras High CourtWP/25417/2022disposed of

Sennammal v. The Tahsildar

2022-09-22Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI Sennammal ... Petitioner Vs.

1.The Tahsildar, Uthangarai, Krishnagiri District.

2.The Taluk Surveyor, Uthangarai Taluk, Krishnagiri District.

3.The Inspector of Police, Singarapettai Police Station, Krishnagiri District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st and 2nd respondents to survey the land in Survey Nos.77/1C1, 77/1C3 and 77/3B2 to the extent of 0.12.50, 0.16.50, 0.75.00 hectares situates at Athipadi Village, Uthangarai Taluk, Krishnagiri District along with the aid of the 3rd respondent within the time frame fixed by this Court.

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For Petitioner : Mr.J.Pradeep For Respondents : Mr.U.Bharanidharan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 1st and 2nd respondents to survey the land in Survey Nos.77/1C1, 77/1C3 and 77/3B2 to the extent of 0.12.50, 0.16.50, 0.75.00 hectares situated at Athipadi Village, Uthangarai Taluk, Krishnagiri District along with the aid of the 3rd respondent within the time frame fixed by this Court.

2. The case of the petitioner is that she is the absolute owner of the aforesaid properties and the Revenue Authorities issued patta in her favour. Further, the petitioner intended to develop the aforesaid property, she made applications/representations dated 23.12.2020 and 24.02.2022 before the first respondent, seeking to survey and fix the boundary stones on four sides of the aforesaid properties and the petitioner also paid the necessary charges. However, the first respondent has not taken any steps to measure the aforesaid properties. Therefore, the petitioner made another detailed representation dated 10.08.2022 before the first respondent, sought for the aforesaid relief. Pursuant to which, the Revenue Inspector issued summons to 2/5

the petitioner and the nearby land owners to appear on 05.08.2022 along with the relevant documents to survey the aforesaid properties. However, till date, no order has been passed, the petitioner filed the present Writ Petition.

3. Though very many grounds have been raised in this Writ Petition, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the first respondent to consider the petitioner's representation dated 10.08.2022 and pass orders on the same within a particular time frame that to be fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents has no objection for the said order being passed.

5. In view of the above, this Court, without expressing any opinion on the merits of the case, directs the first respondent to consider the petitioner's representation dated 10.08.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and other aggrieved person, if any, within a period of twelve weeks from the date of receipt of a copy of this order. 3/5

6. With the above observation and direction, this Writ Petition is disposed of. No costs.

22.09.2022 Index : Yes / No Speaking order: Yes/ No jd To 1.The Tahsildar, Uthangarai, Krishnagiri District.

2.The Taluk Surveyor, Uthangarai Taluk, Krishnagiri District.

3.The Inspector of Police, Singarapettai Police Station, Krishnagiri District.

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M.DHANDAPANI, J., jd 22.09.2022 5/5