V.Kamala v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.10.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P.No.28585 of 2022 V. Kamala ... Petitioner Vs.

The Tahsildar, Hosur Taluk, Krishnagiri District.

... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the Respondent to survey the land comprised in S.No.934/3A in Ward No.E, Block No.15 situated at Sennathoor Village, Hosur Taluk, Krishnagiri District and to demarcate the boundaries by metes and bounds as per the settlement deed dated 12.02.2018 and FMB sketch based on petitioner's representation dated 04.10.2021 and pass orders.

For Petitioner : Mr.E. Kannadasan For Respondent : 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 respondent to consider the representation of the petitioner to demarcate his property by metes and bounds as requested in his representation dated 04.10.2021.

3. The case of the petitioner is that the petitioner is in enjoyment and possession of the subject property. The grievance of the petitioner is that the subject land was never sub-divided. Hence the petitioner made a representation dated 04.10.2021 along with documents before the 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 respondent to consider the petitioner's representation

dated 04.10.2021 within the stipulated time as fixed by this Court.

5. The learned Additional Government Pleader would submit that the petitioner's representation dated 04.10.2021 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 respondent to consider the petitioner's representation dated 04.10.2021 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.

31.10.2022

Index: Yes/ No Internet: Yes/No smn M.DHANDAPANI,J.

smn To The Tahsildar, Hosur Taluk, Krishnagiri District.

W.P.No. 28585 of 2022 31.10.2022