A.Kanagaraj v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2022 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.29668 of 2022 A.Kanagaraj ... Petitioner Vs.
The Tahsildar, Komarapalayam Taluk, Namakkal District.
... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondent to consider the petitioner's application dated 29.03.2022 for survey and grant subdivision Patta in respect of the petitioner's property measuring an extent of 1760 sq.ft. in present S.F.No.412/1 and 413/5 corresponding to old S.F.Nos.412, 413, 414 of Komarapalayam Amani Village, Komarapalayam Taluk, Namakkal District.
For Petitioners :
Mr.R.Prabakar For Respondents :
Mr.U.Bharanidharan, Additional Government Pleader Page No.1 of 6
O R D E R
The petitioner has filed this petition seeking direction to the respondent to consider the petitioner's application dated 29.03.2022 for survey and grant subdivision Patta in respect of the petitioner's property measuring an extent of 1760 sq.ft. in present S.F.No.412/1 and 413/5 corresponding to old S.F.Nos.412, 413, 414 of Komarapalayam Amani Village, Komarapalayam Taluk, Namakkal District.
2. By consent of both the parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The case of the petitioners is that the petitioner is the owner of the land bearing a house site measuring an extent of 1760 sq.ft. bearing Plot Nos.263 & 264 in S.F.No.412/1, 413/5 in a layout called as G.K.Moopanar Nagar of Thattankuttai Village Panchayat, Komarapalaym Amani Village. In order to measure and demarcate the subject property, the petitioner made an application dated 29.03.2022 before the respondent by paying necessary Page No.2 of 6
charges, however, till date, the respondent has not deputed any surveyor. Aggrieved over the same, the petitioner filed this writ petition.
4. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondent to consider the petitioner's representation dated 29.03.2022 and pass orders on merits within a particular time frame to be fixed by this Court.
5. The learned Additional Government Pleader appearing for the respondents has no objection for said order being passed.
6. Heard the learned counsel on either side and perused the materials placed on record.
7. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the respondent to consider the petitioner's representation dated 29.03.2022 and pass appropriate Page No.3 of 6
orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
8. With the above observation and direction, this Writ Petition is disposed of. No costs.
09.11.2022 vm Index :
Yes/No Speaking Order :
Yes/No To:
The Tahsildar, Komarapalayam Taluk, Namakkal District.
Page No.4 of 6
M.DHANDAPANI,J.
vm Page No.5 of 6
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