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Madras High CourtWP/30538/2022disposed of

Badhrudeen v. The District Collector

2022-11-17Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 17.11.2022

CORAM

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

1. The District Collector, Coimbatore District, Coimbtore.

2. The Tahsildar, Aanaimalai Village, Coimbatore 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 respondens to survey and measure the property admeasuring 2.20 acre out of 4.61 acres comprising in Survey No.84/1 situated at Pillchennampalayam Village, Aanaimalai Taluk, Coimbatore District and to subdivide the property and to grant separate patta in the name of the legal heirs of VM Ismail and grant such other relief.

For Petitioner : Mr.R. Rajarajan For Respondent : 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 respondent to consider the representation of the petitioner to demarcate his property by metes and bounds as requested in his representation dated 23.07.2022.

3. The case of the petitioner is that the petitioner inherited the subject property from his father under the registered sale deed dated 08.11.2010 bearing document No.1147 of 2010. The grievance of the petitioner is that the subject land was never sub-divided. Hence the petitioner made a representation dated 23.07.2022 along with documents before the respondents 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 respondents to consider the petitioner's representation dated 23.07.2022 within the stipulated time as fixed by this Court.

5. The learned Additional Government Pleader would submit that the petitioner's representation dated 23.07.2022 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 respondents to consider the petitioner's representation dated 23.07.2022 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.

17.11.2022 Index: Yes/ No Internet: Yes/No smn

M.DHANDAPANI,J.

smn To

1. The District Collector, Coimbatore District, Coimbtore.

2. The Tahsildar, Aanaimalai Village, Coimbatore Taluk, Coimbatore District.

W.P.No. 30538 of 2022 17.11.2022