Madras High CourtWP/32158/2022disposed of

G.Krubhakaran v. The Tahsildar

2022-11-30Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI G.Krubhakaran ...

Petitioner Vs

1. The Tahsildhar, Taluk Office, Kothagiri, Nilgiri District.

2. Selvaraj

3. Saraswathi ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to measure demarcate and lay the boundary stone on the land situate in Kothagiri-2 Village Nilgiri District comprised in Measuring an extent of 14.82 Cents in Old S.No.1784/5, New S.No.1909/7 measuring an extent of 6.17 cents in Old S.No.1748/7, New S.No.1909/15 and measuring an extent of 0.11 Acre in Old S.No.1748/5, New S.No.1909/6B. For Petitioner : Mr. S.Udayakumar For Respondents : Mr.U.Bharanidharan, AGP 1/5

ORDER

This petition has been filed seeking a direction to the first respondent to measure demarcate and lay the boundary stone on the land situate in Kothagiri-2 Village Nilgiri District comprised in Measuring an extent of 14.82 Cents in Old S.No.1784/5, New S.No.1909/7 measuring an extent of 6.17 cents in Old S.No.1748/7, New S.No.1909/15 and measuring an extent of 0.11 Acre in Old S.No.1748/5, New S.No.1909/6B.

2. Heard the learned counsel for the petitioner as well as the learned Addl. Government Pleader for the respondents and perused the materials available on record.

3. It is the case of the petitioner that the petitioner has purchased the lands from one Lakshmi vide registered sale deed dated 13.04.2022 vide doucment Nos.1019, 1020 and 1672 of 2022. After registration, the petitioner obtained patta in his favour. The subject land was not property measured and the respondents 2 & 3, who are adjacent land owners , have tried to encroach the properties. Hence, the petitioner made a representation 2/5

on 24.08.2022 before the first respondent to measure the property and fix the boundaries on the above said subject lands. However, till date, the first respondent has not taken any steps and hence, without having no other option, the petitioner has filed the present writ petition seeking an appropriate remedy.

4. Learned counsel for the petitioner submitted that this Court may issue a direction to the first respondent to consider the representation made by the petitioner dated 24.08.2022 and pass appropriate order within the stipulated time as fixed by this Court.

5. Considering the facts and circumstances of the case and in view of the limited request made by the petitioner, this Court directs the first respondent to consider the petitioner's representations dated 24.08.2022 and pass appropriate orders on merits and in accordance with law, after providing opportunity to the petitioner as well as the counter parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

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6. With the above directions, the writ petition is disposed of. No costs.

30.11.2022 Rli Index:Yes/No Internet:Yes/No Speaking/Non speaking To The Tahsildhar, Taluk Office, Kothagiri, Nilgiri District.

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M.DHANDAPANI, J.

Rli 30.11.2022 5/5