Elavarasan v. The Thasildhar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.11.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Elavarasan ... Petitioner Vs.
1. The Tahsildar, Office of the Tahsildar, Burgoor Taluk, Krishnagiri District.
2.The Taluk Firka Surveyor (Survey and Land Records), Office of the Taluk Firka Surveyor Office, Burgoor Taluk, Krishnagiri District.
3.The Village Administrative Officer, Office of the Village Administrative Officer, Anginayappalli, Oppathavadi Village, Burgoor Taluk, Krishnagiri District.
4.The Assistant Director, Department of Commissionerate of Survey and Settlement, Survey and Land Records, Krishnagiri District.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to survey and 1/7
demarcate the boundary of petitioner's land comprised in Survey Nos.445/5, 446/8, 445/6 situated at Anginayappalli, Oppathavadi Village Burgoor Taluk, Krishnagiri District based on the fee remitted by the petitioner on 07.07.2022 within the period stipulated by this Court. For Petitioner : Mr.S.Arivazhagan For Respondents : Mr.U.Bharanidharan Additional Government Advocate
ORDER
The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus, to direct the respondents herein to survey and demarcate the boundary of petitioner's land comprised in Survey Nos.445/5, 446/8, 445/6 situated at Anginayappalli, Oppathavadi Village Burgoor Taluk, Krishnagiri District based on the fee remitted by the petitioner on 07.07.2022, within a stipulated time.
2. The case of the petitioner is that the aforesaid property originally belongs to petitioner's grandfather and his mother, the petitioner has become the owner of the property by virtue of Settlement Deed registered as Doc.No.127 of 1996 dated 07.02.1996 on the file of the Office of the Sub 2/7
Registrar, Burgoor, Krishnagiri District. Subsequently, the Revenue Records were also mutated in his name. The boundary line for the above said lands have not been fixed by the Revenue authorities. Therefore, the petitioner made an application dated 04.08.2022 to the respondents seeking to survey the property by fixing boundaries in the aforesaid lands, the petitioner has paid the necessary charges to demarcate the boundaries based on his application on 07.07.2022 through online. As the said online application/representation made by the petitioner has evoked no response, the petitioner made another representation dated 04.09.2022 in person. Since, no action was taken on the above said representation, the petitioner has filed this present Writ Petition.
3. The learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's request to survey and demarcate the boundary of petitioner's land in the above said Survey numbers based on the fee remitted by the petitioner on 07.07.2022 and pass orders on the same within a particular time frame fixed by this Court.
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4. Mr.U.Bharanidharan, the learned Additional Government Pleader 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 respondents to consider the petitioner's request to survey and demarcate the boundary of petitioner's land based on the fee remitted by the petitioner on 07.07.2022 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. 16.11.2022 gba Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No 4/7
To
1. The Tahsildar, Office of the Tahsildar, Burgoor Taluk, Krishnagiri District.
2.The Taluk Firka Surveyor (Survey and Land Records), Office of the Taluk Firka Surveyor Office, Burgoor Taluk, Krishnagiri District.
3.The Village Administrative Officer, Office of the Village Administrative Officer, Anginayappalli, Oppathavadi Village, Burgoor Taluk, Krishnagiri District.
4.The Assistant Director, Department of Commissionerate of Survey and Settlement, Survey and Land Records, Krishnagiri District.
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M.DHANDAPANI,J.
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