Arumugam v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Arumugam

...Petitioner

Vs.

The Tahsildar, Sankarapuram & Taluk, Kallakurichi District.

...Respondent

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to survey the land with regard to the land in Survey No.36/15A, 36/16 at Su.Kulathur Village, Sankarapuram Taluk, Kallakurichi District within the time frame fixed by this Hon'ble Court.

For Petitioner : Mr.V.Gunasekar For Respondent : Mr.U.Baranidharan, AGP

O R D E R

The petitioner has filed this Writ petition seeking issuance of a Writ of 1/5

Mandamus to direct the respondent to survey the subject land.

2. Mr.U.Baranidharan, learned Additional Government Pleader takes notice for the respondent. In view of the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal.

3. The case of the petitioner is that his father purchased the land comprised in S.No.36/15, 16, measuring an extent of 25 cents, situated at Su.Kulathur Village from one Murugasen and after the demise of his father, the petitioner is in absolute possession of the said property. While so, the petitioner made a representation dated 02.09.2022 before the respondent seeking to measure the subject land along with the necessary fees for surveying the land, however, till date, no orders have been passed on the said representation. Hence, this Writ petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice if this Court issues direction to the respondent to consider the petitioner's representation dated 02.09.2022 and to consequently, survey the subject land as expeditiously as possible. 2/5

5. Learned Additional Government Pleader has no serious objection for the said order being passed and he fairly conceded that appropriate orders will be passed on the petitioner's representation dated 02.09.2022 within the time stipulated by this Court.

6. Considering the limited request made by the learned counsel for the petitioner, this Court without expressing any opinion on the merits of the case, issues direction to the respondent to consider the petitioner's representation dated 02.09.2022 and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.

7. Accordingly, this Writ petition is disposed of. No costs. 01.12.2022 skt Speaking Order : Yes/ No Index : Yes/ No 3/5

M.DHANDAPANI, J.

skt To The Tahsildar, Sankarapuram & Taluk, Kallakurichi District.

4/5

01.12.2022 5/5