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Madras High CourtWP/28364/2022disposed of

M.Jayakumar v. The Tahsildar

2022-10-27Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.10.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI M. Jayakumar ... Petitioner Vs.

1. The Tahsildar, Tiruchengode

2. The Land Surveyor ( Firka Surveyor) Tiruchengode ... 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 survey and fix the boundaries of the petitioner's agricultural property in S.F.No.196 at Earayamanagalam Tiruchengode Taluk, Namakkal District by considering petitioner's representation dated 06.04.2022 and pass orders. For Petitioner : Mr.R. Marudhachalamurthy 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 a direction to the respondents to consider the representation of the petitioner to demarcate his property by metes and bounds as requested in his representation dated 06.04.2022.

3. The case of the petitioner is that the petitioner became the absolute owner of the subject property by way of a settlement deed dated 07.02.2019 vide document No.762 of 2019. Thereafter the petitioner was in possession and enjoyment of the said property. The property was never sub-divided. Hence the petitioner made a representation dated 06.04.2022 along with documents before the second respondent requesting to survey the land of the petitioner, but the same was not considered. Hence this writ petition.

4. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to consider the petitioner's representation dated 06.04.2022 within the stipulated time as fixed by this Court.

5. The learned Additional Government Pleader would submit that the petitioner's representation dated 06.04.2022 will be considered on merits and in accordance with law.

6. 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 petitioner's representation, the Writ Petition is disposed of, with a direction to the second respondent to consider the petitioner's representation dated 06.04.2022 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.

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

27.10.2022 Index: Yes/ No Internet: Yes/No

smn M.DHANDAPANI,J.

smn To

1. The Tahsildar, Tiruchengode

2. The Land Surveyor ( Firka Surveyor) Tiruchengode W.P.No. 28364 of 2022 27.10.2022