N.Sivaperumal v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.11.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI N.Sivaperumal ... Petitioner Vs.
The Tahsildar, Kurinjipadi Taluk, Cuddalore - 607 302.
... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to consider the representation of the petitioner dated 19.09.2013 and 13.12.2021 in order to survey the land fix the boundaries for the land situated in the Survey No.80/19 at Annadanampettai Village, Kurinjipadi Taluk, Cuddalore District, Kurinjipadi SubRegistrar Office. For Petitioner : Mr.J.Manikandan For Respondent : Mr.U.Bharanidharan Additional Government Pleader
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct respondent to consider the representations of the petitioner dated 19.09.2013 and 13.12.2021 in order to survey the land fix the boundaries for the land situated in the Survey No.80/19 at Annadanampettai Village, Kurinjipadi Taluk, Cuddalore District, Kurinjipadi Sub-Registrar Office. 1/5
2.The case of the petitioner is that he purchased the property situated in Cuddalore District, Kurinjipadi Panchayat, Annadanampettai, in Old S.No.164/18, new S.Nos.80/20, 80/18, 80/19 measuring to a total extent of 13.5 Cents from one Vanamayil Ammal vide Document No.159/2002 and also purchased a property measuring to an extent of 13.5 Cents from Ramalingam son of Ramasamy Padyachi, R.Vadivelu son of Ramalingam and R.Manikandan S/o.Ramalingam vide Document No.160 of 2002. While so, one Palanisamy filed O.S.No.97 of 2002 for declaration in Survey No.80/18, 80/20, 80/21, 80/22 & 80/23 and the same was ordered against the petitioner herein on 31.07.2012. Aggrieved against the same, the petitioner preferred an appeal in A.S.No.28 of 2012 and the same was dismissed vide order dated 12.02.2014.
Against which the petitioner preferred Second Appeal in S.A.No.700 of 2014 and the same is pending before this Court and stay was ordered in favour of the petitioner. In order to become aware of the total measurement and boundaries land pertaining to the S.No.80/19, the petitioner made representations dated 19.09.2013 and 13.12.2021 to the Tahsildar, Kurijipadi Taluk, Cuddalore District. Till date, no action has been taken by the respondent and hence, the petitioner has come forward with the present Writ Petition.
3.The learned counsel for the petitioner submits that it would suffice, if this Court issue directions to the respondent to consider the representations of the 2/5
petitioner dated 19.09.2013 and 13.12.2021 in order to survey the land fix the boundaries for the land situated in the Survey No.80/19 at Annadanampettai Village, Kurinjipadi Taluk, Cuddalore District, Kurinjipadi and pass appropriate orders.
4.Mr.U.Bharanidharan, learned Additional Government Pleader, appearing for the respondents submits that if any direction is given by this Court, the same will be complied with.
5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondent to consider the petitioner's representations dated 19.09.2013 and 13.12.2021 by conducting survey in the land and fix the boundaries situated in the Survey No.80/19 at Annadanampettai Village, Kurinjipadi Taluk, Cuddalore District, Kurinjipadi, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.
6. This Writ Petition is accordingly is disposed of. No costs. 03.11.2022 Index : Yes / No Speaking order: Yes/ No gba 3/5
To The Tahsildar, Kurinjipadi Taluk, Cuddalore - 607 302.
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M.DHANDAPANI, J.
gba W.P. No.29091 of 2022 03.11.2022 5/5