N.Palanisami v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.09.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI N. Palanisami

...Petitioner

Vs.

1. The Tahsildar, Tiruppur South Taluk, Tiruppur, Tiruppur District.

2. The Taluk Head Surveyor, Tiruppur south Taluk, Tiruppur, Tiruppur District.

3. Chennippan ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents 1 and 2 to consider and pass orders on merits by disposing the written representation made by the petitioner on 24.08.2022 within a stipulated time and pas orders.

For Petitioner : Mr.C. Prakasam 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 respondents to consider the representation of the petitioner to demarcate his property by metes and bounds as requested in his representation dated 24.08.2022.

3. The case of the petitioner is that the petitioner is the owner of the subject property and he is 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 24.08.2022 before the respondents, 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 respondents to consider the petitioner's representation dated 24.08.2022 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 24.08.2022 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, Tiruppur South Taluk, Tiruppur, Tiruppur District.

2. The Taluk Head Surveyor, Tiruppur south Taluk, Tiruppur, Tiruppur District.

W.P.No. 26218 of 2022 29.09.2022