Nagappa v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.09.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Nagappa ...petitioner Vs.

1. The Tahsildar, Denkanikottai Taluk, Denkanikottai, Krishnagiri District.

2. The Inspector of Police, Denkanikottai Police Station, Denkanikottai, Krishnagiri District.

3. Ramesh

4. Muniyappa.

5. Rajakannan

6. Thottilappa

7. Sikkalappa

8. Pasappan

9. Munusamy.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the first respondent to dispose of the petitioner's representation dated 14.07.2022

and survey the land situated in S.No.153 of Maragatta Village, Noganur Post, Denkanikottai Taluk, Krishnagiri District to the extent of 0.26.5 Hectare and pass orders.

For Petitioner : Mr.S. Doraiswamy 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 14.07.2022.

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 14.07.2022 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 14.07.2022 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 14.07.2022 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, Denkanikottai Taluk, Denkanikottai, Krishnagiri District.

2. The Inspector of Police, Denkanikottai Police Station, Denkanikottai, Krishnagiri District.

W.P.No. 26415 of 2022 29.09.2022