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Madras High CourtWP/27642/2022disposed of

Mary v. The Tahsildar

2022-10-17Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2022

CORAM:

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.27642 of 2022 Mary .Petitioner

Versus

1. The Tahsildar, Vandavasi Taluk, Thiruvannamalai District.

2. The head Surveyor, Vandavasi Taluk, Thiruvannamalai District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to conduct the survey of the petitioner's properties in Survey Nos. 272/1 ( 0.26.0), 272/2 - (0.09.0), 272/3 - (0.90.0) & 272/6 - ( 0.22.5) measuring to an extent of 66.5 acres, Patta No.628 situated at Vandavasi Circle Cheyyar Taluk, Thiruvannamalai District based on the petitioner's husband's application dated 06.06.2014,24.05.2017 and 20.03.2020 and pass orders.

For Petitioner : Mr.R. Nasrine For Respondents : Mr.U. Bharanidharan, Additional Government Pleader

ORDER

This writ petition is filed seeking for a direction to the respondents to consider the representation dated 20.03.2020 made by the petitioner's husband for conducting survey in his property.

2. The case of the petitioner is that the subject property was ancestral property and the same was sub divided and the petitioner's husband was in enjoyment and possession of the subject property and there was some discrepancy in partitioning the property. Hence the petitioner's husband made a representation dated 20.03.2020 along with documents before the respondents requesting to survey the land. As the petitioner's husband passed way, the petitioner has filed this writ petition to consider the representation made by the her husband.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents to consider the representation dated 20.03.2020 and dispose of the same within a stipulated time that may be fixed by this Court.

4. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the

submissions made on either side, without expressing any opinion on the merits of the representation made by the petitioner's husband on 20.03.2020, the Writ Petition is disposed of, with a direction to the respondents to consider the said representation made on 20.03.2020 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner as well as aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

17.10.2022 Index:Yes / No Speaking / Non-Speaking order smn To

1. The Tahsildar, Vandavasi Taluk, Thiruvannamalai District.

2. The head Surveyor, Vandavasi Taluk, Thiruvannamalai District.

M. DHANDAPANI, J.

smn W.P.No.27642 of 2022 17.10.2022