V.Lokeswari v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.10.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI V. Lokeswari ... Petitioner Vs.

1. The Tahsildar, Pochampalli Taluk, Krishnagiri District - 635 206

2. The Firka Surveyor, Pochampalli Taluk, Krishnagiri District - 635 206 ... 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 measure the land situated in S.F.No.167/1B totally 0.25 cents ( along with 12 feet common path) in Barur Village, Pochampalli Taluk, Krishnagiri District and earmark the boundaries based on the petitioner's representation dated 20.08.2022.

For Petitioners : Mr.M. Vignesh 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 measure the land situated in S.F.No.167/1B totally 0.25 cents ( along with 12 feet common path) in Barur Village, Pochampalli Taluk, Krishnagiri District and earmark the boundaries based on the petitioner's representation dated 20.08.2022.

3. The case of the petitioners are that the petitioner is the owners 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 20.08.2022 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 20.08.2022 within the stipulated time as fixed by this Court.

5. The learned 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 petitioners, this Court, without going into the merits of the case, directs the first respondent to consider the petitioner's representation dated 20.08.2022 and take necessary steps to survey the land, on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioners 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.

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

10.10.2022 Index: Yes/ No Internet: Yes/No smn

M.DHANDAPANI,J.

smn To

1. The Tahsildar, Pochampalli Taluk, Krishnagiri District - 635 206

2. The Firka Surveyor, Pochampalli Taluk, Krishnagiri District - 635 206 W.P.No. 26555 of 2022 10.10.2022