Sivaprakasam v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2022 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.26037 of 2022 Sivaprakasam ... Petitioner Vs.

1.The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai.

2.The Firka Surveyor, Thurinjapuram Firka, Tiruvannamalai Taluk.

... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to Survey/Measure and Sub Divide the petitioner's land measuring 1.06 acres in S.F.No.69/2A situate at Sanandhal Village, Tiruvannamalai Taluk & District within a stipulated period.

For Petitioner : Mr.K.Govi Ganesan For Respondents : Mr.U.Bharanidharan, Additional Government Pleader Page No.1 of 5

O R D E R

By consent of both the parties, the writ petition is taken up for final disposal at the time of admission stage itself.

2. This Writ Petition has been filed seeking for issuance of Writ of Mandamus, directing the respondents herein to Survey/Measure and Sub Divide the petitioner's land measuring 1.06 acres in S.F.No.69/2A situate at Sanandhal Village, Tiruvannamalai Taluk & District within a stipulated period.

3. The case of the petitioner is that the petitioner purchased the above said property situated at Sanandhal Village, Tiruvannamalai Taluk & District and registered the same as Doc.No.3986/2002. He has also acquired Patta on his favour. Seeking to survey and fix the boundaries for the said property, the petitioner has remitted charges on 03.08.2022. Since the same was not considered by the respondents, the present writ petition has been filed seeking the aforesaid relief.

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4. The learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents to survey the subject property and pass appropriate orders on merits within a time frame that may be fixed by this Court.

5. The learned Government Advocate appearing for the respondents would submit that he has no objection for the said order being passed.

6. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court without going into the merits of the case, directs the respondents to survey the subject property on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner as well as the aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

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vm Index :

Yes/No Speaking Order :

Yes/No M.DHANDAPANI,J.

vm Copy To:

1.The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai.

2.The Firka Surveyor, Thurinjapuram Firka, Tiruvannamalai Taluk.

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