Krishnasamy Gounder v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : .17.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Krishnasamy Gounder ... Petitioner Vs.

1. The Tahsildar, Sathiyamangalam, Erode District.

2. The Head Surveyor, Sathiyamangalam Taluk, Erode District.

3. The Inspector of Police, Kadathur Police Station, Erode District.

4. C. Senthil Kumar

5. R. Senkotayan

6. R. Valarmathi 7.K.Kannan

8. C. Anantha Raj

9. C. Palanisamy @ Chinnamani 1/5

10. M.Velumani

...Respondents

Prayer:

The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the first Respondent to survey the land by measuring the said land and after demarcating the said property by metes and bounds by the second respondent with the aid of 3rd respondent for fencing the said land situated in Survey Nos.294/3 and 294/4 to an extent of 4.00 acres of agricultural land in Puthukalaiyanur Village, Sathiyamangalam Taluk, Gobichettipalayam, Erode District and pass orders.

For Petitioner :Mr.N.A.Nassir Hussain For Respondents 1 to 3 :Mr U. Baranidharan Additional. Government Pleader

ORDER

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 03.11.2022.

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3. Since no adverse order is passed against the private respondents notice to private respondents dispensed with.

4. The case of the petitioner is that the petitioner is the purchased the land and the same was registered vide Sale Deed Doc.No.1104 of 1983. The grievance of the petitioner is that the subject land was never subdivided. Hence the petitioner made a representation dated 03.11.2022. along with documents before the first and second respondents requesting to survey the land of the petitioner, but the same was not considered. Hence this writ petition.

5. 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 03.11.2022. within the stipulated time as fixed by this Court.

6. The learned Additional Government Pleader would submit that the petitioner's representation dated 03.11.2022. will be considered on merits and in accordance with law.

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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 first respondent to consider the petitioner's representation dated 03.11.2022. 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.

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

17.11.2022 smn Index : yes / no Internet : yes / no Speaking order : Yes/No 4/5

M.DHANDAPANI, J.

smn To

1. The Tahsildar, Sathiyamangalam, Erode District.

2. The Head Surveyor, Sathiyamangalam Taluk, Erode District.

3. The Inspector of Police, Kadathur Police Station, Erode District.

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