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Madras High CourtWP/29205/2022disposed of

Muralidharan v. The Tahsildar

2022-11-04Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 04.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Muralidharan ... Petitioner Vs.

1. The Tahsildar, Coimbatore North Taluk, Coimbatore.

2. The Head Surveyor, Land Survey (HS) Section, Taluk Office, Coimbatore North Taluk, Coimbatore District.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondent herein to Survey and Measure the petitioner's land measuring 1.22.00 acres in S.F.No.15/1A situated at Kurudampalayam Village, Coimbatore North Talk, Coimbatore District in accordance with law and within a stipulated period and pass orders.

For Petitioner : Mr.K. Govi Ganesan For Respondents : 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 respondents to consider the representation of the petitioner to demarcate his property by metes and bounds as requested in his representation dated 27.09.2022.

3. The case of the petitioner is that the petitioner inherited the subject property from his ancestor. The grievance of the petitioner is that the subject land was never sub-divided. Hence the petitioner made a representation dated 27.09.2022 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 first respondent to consider the petitioner's representation dated 27.09.2022 within the stipulated time as fixed by this

Court.

5. The learned Additional Government Pleader would submit that the petitioner's representation dated 27.09.2022 will be considered on merits and in accordance with law.

6. 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 first respondent to consider the petitioner's representation dated 27.09.2022 and take necessary steps to survey the land on merits and in accordance with law, after affording reasonable opportunity of hearing to the petitioner as well as the aggrieved parties if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

04.11.2022 Index: Yes/ No Internet: Yes/No smn M.DHANDAPANI,J.

smn To

1. The Tahsildar, Coimbatore North Taluk, Coimbatore.

2. The Head Surveyor, Land Survey (HS) Section, Taluk Office, Coimbatore North Taluk, Coimbatore District.

W.P.No. 29205 of 2022 04.11.2022