K.Kannan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.10.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI K. Kannan ... Petitioner Vs.

The Tahsildar, Thiruporur Taluk Office, Chengalpattu District.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the Respondent to consider and pass orders on petitioner's representation dated 09.09.2021 in ccordance with law as expeditiously s possible and pass orders. For Petitioner : Mr.P. Vasanth For Respondent : 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 a direction to the respondent to consider the representation of the petitioner to demarcate his property by metes and bounds as requested in his representation dated 09.09.2021.

3. The case of the petitioner is that the assignment patta for the subject land was granted to petitioner's brother who passed away leaving behind the petitioner his mother and father as legal heirs. Subsequently father and mother of petitioner also passed away and the petitioner became the class-II legal heir. The grievance of the petitioner is that the subject land was never sub-divided. Hence the petitioner made a representation dated 09.09.2021 along with documents before the respondent requesting to survey the land of the petitioner, but the same was not considered. Hence this writ petition.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondent to consider the petitioner's representation dated 09.09.2021 within the stipulated time as fixed by this Court.

5. The learned Additional Government Pleader would submit that the

petitioner's representation dated 09.09.2021 will be considered on merits and in accordance with law.

6. 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, the Writ Petition is disposed of, with a direction to the respondent to consider the petitioner's representation dated 09.09.2021 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner as well as aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

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

27.10.2022 Index: Yes/ No Internet: Yes/No smn M.DHANDAPANI,J.

smn To The Tahsildar, Thiruporur Taluk Office, Chengalpattu District.

W.P.No. 28425 of 2022 27.10.2022