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Madras High CourtWP/31483/2022disposed of

M.Vijayalakshmi v. The Tahsildar

2022-11-24Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : .17.11.2022

CORAM

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

The Tahsildar, Avadi Taluk Office, Avadi, Chennai 600 054.

...Respondent

Prayer:

The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus directing the Respondent to consider and pass orders on the petitioner's representation dated 19.09.2022 and 11.11.2022 with regard to survey the petitioner's property being a Plot No.128 in Saraswathi Nagar Layout comprised in S.No.361, measuring an extent of 1500 Sq.Ft situated in No.16 Tirumullaivoil Village, Ambattur Taluk, Tiruvallur District and fix boundary stones within a stipulated time and pass orders. 1/5

For Petitioner :Mr.S. Sudalikani 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 11.11. 2022.

3. The case of the petitioner is that the petitioner is the purchased the subject property and he was in enjoyment and possession of the same. The grievance of the petitioner is that the subject land was never sub-divided. Hence the petitioner made a representation dated 11.11. 2022. along with 2/5

documents before therespondent 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 respondent to consider the petitioner's representation dated 11.11. 2022 within the stipulated time as fixed by this Court.

5. The learned Additional Government Pleader would submit that the petitioner's representation dated 11.11.2022 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 respondent to consider the petitioner's representation dated 11.11.2022 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 3/5

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.

24.11.2022 smn Index : yes / no Internet : yes / no Speaking order : Yes/No 4/5

M.DHANDAPANI, J.

smn To The Tahsildar, Avadi Taluk Office, Avadi, Chennai 600 054.

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