K.Raju v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI K.Raju ... Petitioner Vs.

1. The Tahsildar, Mettur Taluk, Mettur Dam, Salem District.

2. The Taluk Head Surveyor, Mettur Taluk, Mettur Dam, Salem District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to survey and demarcate boundaries of the petitioner's land in S.No.140/1A & 1B, situated at M.Kalipatti Village, Mettur Taluk, Salem District based on his application dated 28.10.2022.

For Petitioner : Mr.M.R.Jothimanian For Respondents : Mr.U.Bharanidharan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents to survey and demarcate boundaries of 1/5

the petitioner's land in S.No.140/1A & 1B, situated at M.Kalipatti Village, Mettur Taluk, Salem District based on his application dated 28.10.2022.

2. The case of the petitioner is that he is an ex-serviceman and served as Nayak in the Indian Army for the period of 17 years. It is stated that the Government has alloted the aforesaid property to the petitioner under Assignment order, dated 26.02.2010, vide Order No.A.M.934/09-10. Subsequent to the allotment of the aforesaid property, the petitioner is in possession and enjoyment of the said property without any hindrance. Further, the petitioner had constructed house in the aforesaid property and paying kist to the Revenue authorities. While so, some of the adjacent land owners are giving hindrance in respect of boundaries in the aforesaid property. Therefore, the petitioner made representation dated 28.10.2022 before the first respondent, seeking to survey, demarcate and fix the boundary stones in respect of the aforesaid property and the petitioner also paid the necessary charges. Since the said representation was not considered by the first respondent, the petitioner had filed the present Writ Petition.

3. Though very many grounds have been raised in this Writ Petition, the learned counsel for the petitioner submitted that, it would 2/5

suffice, if this Court issues a direction to the first respondent to consider the petitioner's representation dated 28.10.2022 and pass orders on the same within a particular time frame that to be fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents has no objection for the said order being passed.

5. In view of the above, this Court, without expressing any opinion on the merits of the case, directs the first respondent to consider the petitioner's representation dated 28.10.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and other aggrieved person, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above observations and direction, this Writ Petition is disposed of. No costs.

21.11.2022 Index : Yes / No Speaking order: Yes/ No jd 3/5

To

1. The Tahsildar, Mettur Taluk, Mettur Dam, Salem District.

2. The Taluk Head Surveyor, Mettur Taluk, Mettur Dam, Salem District.

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M.DHANDAPANI, J., jd 21.11.2022 5/5