T.Sivakami v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2022 CORAM :

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.30270 of 2022 T.Sivakami ... Petitioner Vs.

The Tahsildar, Nallampali Taluk, Dharmapuri District.

... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondent herein to conduct survey, measure and fix the boundaries in so far as the land belonging to the petitioner in S.No.161/3C situate in Dokkubomanahalli Village, Nallampali, Dharmapuri District.

For Petitioner :

Mr.R.Karthikeyan For Respondents :

Mr.U.Bharanidharan, Additional Government Pleader

O R D E R

The petitioner has filed this writ petition seeking for issuance of Writ of Page No.1 of 5

Mandamus directing the respondent herein to conduct survey, measure and fix the boundaries in so far as the land belonging to the petitioner in S.No.161/3C situate in Dokkubomanahalli Village, Nallampali, Dharmapuri District.

2. At the consent of both the parties, this writ petition is taken up for final hearing at the stage of disposal itself.

3. The case of the petitioner is that the petitioner is the owner of the agricultural land comprised in S.No.161/3C to an extent of 3.50 acres situated in Dokkubomanahalli Village, Nallampalli, Dharmapuri District. This being the case, land comprised in S.No.161/3D, which is adjacent to the subject property is belongs to the family of petitioner's husband. In order to identify the lands for peaceful enjoyment and possession, the petitioner made a representation before the respondent for measuring the subject property and paid a necessary charges on 05.07.2021, however, till date, the subject property was not surveyed by the respondent. Aggrieved over the same, the petitioner filed this writ petition.

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4. Learned counsel for the petitioner would submit that it would suffice, if this Court issues direction to the respondent to consider the petitioner's representation and pass appropriate orders on merits and in accordance with law within a time frame to be fixed by this Court.

5. Learned Additional Government Pleader appearing for the respondent has no objection for the said direction being passed by this Court.

6. Heard the learned counsel on either side and perused the materials available on record.

7. Taking into the factual aspects, without going into the merits of the case, this Court is inclined to issue direction to the respondent to consider the petitioner's representation and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

8. With the aforesaid direction, this writ petition is disposed of. No Page No.3 of 5

costs.

15.11.2022 vm Index :

Yes/No Speaking Order :

Yes/No M.DHANDAPANI,J.

vm To:

The Tahsildar, Nallampali Taluk, Dharmapuri District.

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