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Madras High CourtWP/29141/2022disposed of

D.Aksala v. The Tahsildar

2022-11-04Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI D. Aksala ...

Petitioner Vs

1. The Tahsildar, Cheyyur Taluk Office Cheyyur-603 302.

Chengalpattu District

2. The surveyor, Cheyyur Taluk Office Cheyyur-603 302.

Chengalpattu District ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider petitioner's representation dated 12.10.2022 and and pass orders within a time to be stipulated by this Hon'ble Court.

For Petitioner : Mr. R. ArunKumar For Respondents : Mr. U. Bharanidharan Additional Government pleader.

ORDER

By consent of both the parties this writ petition is taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking a direction to the respondents to consider the petitioner's representation dated 12.10.2022.

3. The case of the petitioner is that he has purchased the subject property and the sale was registered vide Document No.5118/2010 dated 23.12.2010 at SRO Cheyyur. The grievance of the petitioner is that the subject property has never been subdivided. Hence, the petitioner made a representation to the respondents on 12.10.2022 to survey his land and fix the boundaries. Till date, the said representation was not considered and hence, the present writ petition has been filed before this Court seeking an appropriate relief.

4. The learned counsel for the petitioner submitted that this Court may issue a suitable direction to the respondents to consider the petitioner's

representation dated 12.10.2022 and pass appropriate orders within the time stipulated by this Court.

5.The learned Government Advocate appearing on behalf of the respondents submitted that the petitioner's representation dated 12.10.2022 will be considered and suitable orders will be passed on merits within the stipulated period as fixed by this Court.

6.Heard, both sides and perused the materials available on record.

7. Considering the facts and circumstances of the case and the limited relief sought for by the petitioner, this Court, without going into the merits of the case, direct the respondents to consider the petitioner's representation dated 12.10.2022 and take necessary steps to survey the property and fix the boundaries, after affording opportunity to the petitioner as well as the counter parties, if any, 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 aforesaid direction, this Writ Petition stands disposed of. No costs.

04.112022 smn Index:Yes/No Internet:Yes/No Speaking/Non speaking

M.DHANDAPANI, J.

smn To

1. The Tahsildar, Cheyyur Taluk Office Cheyyur-603 302.

Chengalpattu District

2. The surveyor, Cheyyur Taluk Office Cheyyur-603 302.

Chengalpattu District 04.11.2022