K.Jaganathan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.10.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.26511 of 2022 K. Jaganathan ... Petitioner Vs.

The Tahsildar, Thiruporur Taluk fficer, 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 order on petitioner's representation dated 09.09.2021 in accordance with law as expeditiously as possible and pass orders. For Petitioner : Mr. P. Vasanth 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 respondent to consider and pass order on petitioner's representation dated 09.09.2021.

3. The case of the petitioner is that the petitioner was in enjoyment 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 09.09.2021 before the 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 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. 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, direct the respondent to consider the petitioner's representation dated 09.09.2021 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.

10.10.2022 Index: Yes/ No Internet: Yes/No smn To The Tahsildar, Thiruporur Taluk fficer, Chengalpattu District.

M.DHANDAPANI,J.

smn W.P.No. 26511 of 2022 10.10.2022