M.Marappan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI M. Marappan ...

Petitioner Vs The Tahsildar Anthiyur Taluk, Erode District ... Respondent Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent herein to survey and subdivide the petitioner's property in S.F.No.99/1, at Mathur Village, Bhavani Taluk, Erode District and issue seperate patta in favour of petitioner by considering the petitioner's application dated 23.06.2022 and pass orders.

For Petitioner : Mr. R. Marudhachalamurthy For respondent : 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 respondent to consider the petitioner's representation dated 23.06.2022 .

3. The case of the petitioner is that the petitioner the petitioner is in possession and enjoyment of the subject property. The grievance of the petitioner is that the subject property has never been subdivided. Hence, the petitioner made a representation to the respondent on 23.06.2022 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 respondent to consider the petitioner's representation dated 23.06.2022 and pass appropriate orders within the time

stipulated by this Court.

5.The learned Additional Government pleader appearing on behalf of the respondent submitted that the petitioner's representation dated 23.06.2022 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 respondent to consider the petitioner's representation dated 23.06.2022 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.

04.11.2022 smn Index:Yes/No Internet:Yes/No Speaking/Non speaking

M.DHANDAPANI, J.

smn To The Tahsildar Anthiyur Taluk, Erode District 04.11.2022