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Madras High CourtWP/26755/2021disposed of

S.Viswanathan v. The Tahsildar

2021-12-16Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.Nos.26755 and 26761 of 2021 S.Viswanathan

...Petitioner (in both WPs)

Vs.

1.The Tahsildar Office of the Taluk Office, Avinashi Taluk, Tiruppur District.

2.The Deputy Tahsildar, Office of the Taluk Office, Avinashi Taluk, Tiruppur District.

...Respondents (in both WPs)

Prayer in W.P.No.26755 of 2021 : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to survey the 15 Links Wide Northsouth Public Road as mentioned in sale deed in 869/1989 and demarcate the boundary of the petitioner's land comprised in Survey No.656/2 c admeasuring an extent of 68.00 Ares bearing Patta No.180 situated at Pudupalayam Village, Vanjipalayam Town Panchayat, Avinashi Taluk and Tiruppur District based on the fee remitted on 23.10.2021 and issue separate patta in the name of the petitioner within the time frame as fixed by this Court.

Prayer in W.P.No.26761 of 2021 : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents herein to survey and demarcate the boundary of the petitioner's land comprised in Survey No.656/2 B admeasuring an extent of 54.50 Ares bearing Patta No.626 situated at Pudupalayam Village, Vanjipalayam Town Panchayat, Avinashi Taluk and Tiruppur District based on the fee remitted on 01.10.2021 and issue separate patta in the name of the petitioner within the time frame as fixed by this Court. For Petitioner :

Mr.S.Sithirai Anandam (in both Wps) For Respondents :

Mr.P.Baladhandayutham Special Government Pleader (in both WPs)

COMMON ORDER These writ petitions have been filed for the following prayers:- *(i) to survey the 15 Links Wide Northsouth Public Road as mentioned in sale deed in 869/1989 and demarcate the boundary of the petitioner's land comprised in Survey No.656/2 c admeasuring an extent of 68.00 Ares bearing Patta No.180 situated at Pudupalayam Village, Vanjipalayam Town Panchayat, Avinashi Taluk and Tiruppur District based on the fee remitted on 23.10.2021 and issue separate patta in the name of the petitioner within the time frame as fixed by this Court; and (ii) to direct the respondents herein to survey and demarcate the boundary of the petitioner's land comprised in Survey No.656/2 B admeasuring an extent of 54.50 Ares bearing Patta No.626 situated at Pudupalayam Village, Vanjipalayam Town Panchayat, Avinashi Taluk and Tiruppur District based on the fee remitted on 01.10.2021 and issue separate patta in the name of the petitioner within the time frame as fixed by this Court.

2. Considering the limited relief sought for in these petitions, without expressing any opinion on merits of these matters, the respondents are directed to survey, demarcate and issue separate patta in the name of the petitioner in respect of the subject lands, after issuance of notice to the petitioner and adjacent land owners and also counter parties, if any within a period of six weeks from the date of receipt of a copy of this order.

3. With the above direction, these writ petitions are disposed of. No costs."

Sd/- Assistant Registrar(CS-IV) Dated : 03.01.2022 *Corrected as per Order dated 08.06.2022 Sd/- Assistant Registrar (CS-IV) Dated : 23.06.2022 // True Copy // Sub Assistant Registrar dm

To 1.The Tahsildar To be Substituted Office of the Taluk Office, to the Order Avinashi Taluk, already despatched Tiruppur District.

on 24.01.2022 2.The Deputy Tahsildar, Office of the Taluk Office, Avinashi Taluk, Tiruppur District.

+2ccs to Mr.S.Sithirai Anandan, Advocate Sr.No.33481, 33482 +1cc to the Government Pleader, Sr.No.33682 W.P.Nos.26755 and 26761 of 2021 RLD(CO) CB(04/01/2022) RVM(24/06/2022)