V.S.Baba Ramesh v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI V.S.Baba Ramesh . . . Petitioner Vs.

The Tahsildar, Kinathukadavur Taluk, Coimbatore District . . . Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other appropriate writ, order or direction in the nature of writ, directing the respondent to forthwith survey the land of the petitioner to an extent of 2.57 acres comprised in S.F.No.95/5 Pottaiyandipurambu Village, Pollachi Taluk on the date fixed by this Court. For Petitioner : M/s.P.Saravana Sowmiyan For Respondents : Mr.U.Baranidharan, Additional Government Pleader 1/6

ORDER

The present petition has been filed seeking a direction to the respondent to survey the petitioner's land comprised in S.F.No.95/5 to an extent of 2.57 acres situated at Pottaiyandipurambu Village, Pollachi Taluk within the time frame that may be stipulated by this Court.

2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice for the respondent.

3. It is the case of the petitioner that he is the absolute owner of subject property vide the sale deed dated 11.10.2010 in respect of which, revenue records stands in the name of the petitioner. The petitioner made a representation dated 10.10.2022 to the respondents seeking to survey his property and the said representation was accepted by the respondents. However, till date, no action has been taken on the said representation. Hence, the present petition has been filed.

4. Though very many grounds have been raised, however, learned 2/6

counsel for the petitioner submits that it would suffice if this Court issues a direction to the respondents to consider the petitioner's representation dated 10.10.2022 seeking to survey his property and pass appropriate orders on the same in accordance with law, within the time that may be stipulated by this Court.

5. On the above contentions, this Court, heard the Learned Additional Government Pleader appearing for the respondent.

6. In view of the limited relief sought for by the petitioner, this Court without going into the merits of the case, directs the Respondent/Tahsildar to the consider the petitioner's representation dated 10.10.2022 seeking to survey his property and pass appropriate orders on the same in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as to the aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order. 3/6

7. Accordingly, this Writ Petition is disposed of with the aforesaid direction. No Costs.

25.11.2022 NHS Index : Yes / No Internet : Yes / No To The Tahsildar, Kinathukadavur Taluk, Coimbatore District 4/6

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M.DHANDAPANI, J.

NHS 25.11.2022 6/6