K.Subiramani v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : .24.11.2022

CORAM

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

1. The Thasildar, Avadi Taluk Office, Avadi, Pattabiram, Chennai - 600 054

2. The Taluk Head Surveyor, Avadi Taluk Office, Avadi Pattabiram, Chennai 600 054

3. The Firka Surveyor, Avadi Taluk Office, Avadi Pattabiram, Chennai 600 054

4. The Inspector of Police, M4 Redhills Police Station, Redhills, Chennai - 600 052

5. The Village Administration Officer, Pammadhukulam Panchayat, Koonimedu Pammadhukulam Post, Chennai 600 052

6. Mr.Arul

7. Mr.Shankar 1/7

8.Mr.Sekar

9. Tulasi Doss

...Respondents

Prayer:

The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the 1 to 3 Respondents to consider and thereby disposing the representations made by the petitioner on 14.08.2022, 23.09.2022 and 20.10.2022 to survey/measure the land in Thiruvallur District, Avadi Taluk Pammadhukulam Village, Patta No.193, (i) Survey No.612/1C, Measuring an extent of Hectare 0.100 Ares, (ii) Survey No.612/2B4, measuring an extent of Hectare 0.300 Ares (iii) Survey No.615/8, Measuring an extent of Hectare 0.050 ares (iv) Survey No.615/1, measuring an extent of Hectare 0.250 ares land and fix the boundaries and issue the survey certificate and pass orders. For Petitioner :Mr.K. Yuvaraj For Respondents :Mr . U. Baranidharan Additional Government Pleader 2/7

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 14.08.2022, 23.09.2022 and 20.10.2022

3. Since no adverse orders are passed against the private respondents notice to private respondents dispensed with.

4. The case of the petitioner is that the petitioner inherited the subject property from his father and he was in possession and enjoyment of the same. The grievance of the petitioner is that the subject land was never sub-divided. Hence the petitioner made a representation dated disposing 3/7

the representations made by the petitioner on 14.08.2022, 23.09.2022 and 20.10.2022 along with documents before the respondents requesting to survey the land of the petitioner, but the same was not considered. Hence this writ petition.

5. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to consider the petitioner's representation dated 14.08.2022, 23.09.2022 and 20.10.2022 within the stipulated time as fixed by this Court.

6. The learned Additional Government Pleader would submit that the petitioner's representation dated14.08.2022, 23.09.2022 and 20.10.2022 will be considered on merits and in accordance with law. 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 14.08.2022, 23.09.2022 and 20.10.2022 and take 4/7

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.

24.11.2022 smn Index : yes / no Internet : yes / no Speaking order : Yes/No 5/7

M.DHANDAPANI, J.

smn To

1. The Thasildar, Avadi Taluk Office, Avadi, Pattabiram, Chennai - 600 054

2. The Taluk Head Surveyor, Avadi Taluk Office, Avadi Pattabiram, Chennai 600 054

3. The Firka Surveyor, Avadi Taluk Office, Avadi Pattabiram, Chennai 600 054

4. The Inspector of Police, M4 Redhills Police Station, Redhills, Chennai - 600 052

5. The Village Administration Officer, Pammadhukulam Panchayat, Koonimedu Pammadhukulam Post, Chennai 600 052 6/7

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