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Madras High CourtWP/26214/2022disposed of

M.Annadurai v. The Tahsildar

2022-09-29Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.09.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI M. Annadurai

...Petitioner

Vs.

1. The Tahsildar, Dharmapuri Taluk, Dharmapuri District.

2. The Survey Inspector/Taluk Surveyor, Office of Tahsildar, Dharmapuri Taluk, Dharmapuri District.

3. Chinnappa

4. Murugesan

5. Sivalingam

6. Munusamy ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to survey the land comprised in the Survey No. 833/6 in Patta No.1952, measuring to an extent of 0.85 cents situated at Mookanur Village, Dharmapuri Taluk and Dharmapuri and to demarcate boundaries based on the representation of the petitioner dated 04.07.2022 within a stipulated time and pass orders.

For Petitioner : Mr.C. Prabakaran For Respondents : Mr.U. Bharanidharan Additional Government Pleader

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 first respondent to consider the representation of the petitioner to demarcate his property by metes and bounds as requested in his representation dated 04.07.2022.

3. The case of the petitioner is that the petitioner is the owner of the subject property and they were in enjoyment and peaceful possession of the the subject property. The grievance of the petitioner is that the subject property had never been subdivided so as to enable the property to have a definite boundaries on four sides of the land and put to unnecessary difficulties to register the partition document and other necessary documents on petitioner's name separately. Therefore, the petitioner made a representation dated 04.07.2022 before the first respondent, but the same was not considered till date. Hence, the present writ petition.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the first respondent to consider the petitioner's representation dated 04.07.2022 within the stipulated time as fixed by this Court.

5. The learned Additional Government pleader has no objection for 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 first respondent to consider the petitioner's representation dated 04.07.2022 and take necessary steps to survey the land, on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner as well as the aggrieved parties 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.

29.09.2022 Index: Yes/ No Internet: Yes/No smn

M.DHANDAPANI,J.

smn To

1. The Tahsildar, Dharmapuri Taluk, Dharmapuri District.

2. The Survey Inspector/Taluk Surveyor, Office of Tahsildar, Dharmapuri Taluk, Dharmapuri District.

W.P.No. 26214 of 2022 29.09.2022