N.Sivakumar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : .17.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI N. Sivakumar ... Petitioner Vs.

1. The Tahsildar, Chinnasalem, Chinnasalem Taluk, Kallakurichi District.

2. The Taluk Deputy Inspector, Kallakurichi Kallakurichi District.

3. The Surveyor Chinnasalem Taluk, Kallakurichi District.

...Respondents

Prayer:

The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the Respondents to survey the land and fix boundary stones in respect of Survey Nos.81/4 and 81/18 measuring an total extent of 32 cents situated at Vasudevanur Village Chinnasalem Taluk and Kallakurichi District on the basis of application dated 08.08.2022 within a reasonable time and pass orders. 1/5

For Petitioner :Mr.C. Mahendran For Respondents 1 and 2 :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 respondent to consider the representation of the petitioner to demarcate his property by metes and bounds as requested in his representation dated 08.08.2022.

3. The case of the petitioner is that the petitioner is the purchased the land and the same was registered vide Sale Deed Doc.No.2488 of 2010 on 27.05.2010. The grievance of the petitioner is that the subject land was never sub-divided. Hence the petitioner made a representation dated 08.08.2022 along with documents before the first respondent requesting to survey the land of the petitioner, but the same was not considered. Hence this writ petition.

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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 08.08.2022 within the stipulated time as fixed by this Court.

5. The learned Additional Government Pleader would submit that the petitioner's representation dated 08.08.2022 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 08.08.2022 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.

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7. 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, Chinnasalem, Chinnasalem Taluk, Kallakurichi District.

2. The Taluk Deputy Inspector, Kallakurichi Kallakurichi District.

3. The Surveyor Chinnasalem Taluk, Kallakurichi District.

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