Sarah Wahab v. The Assistant Director,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI Sarah Wahab ...

Petitioner Vs

1. The Assistant Director Land Survey and Records Department, Survey House, Chepauk, Chennai -05.

2. The Tahsildar Taluk Office, Arcot-632503.

... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to conduct a survey and demarcate the boundaries in my property comprised in S.No. 144/2, 144/3, 144/6, 144/7, 144/8, 144/9, 180/1, 188/1, 188/79, 155/2, 156/1, 157, 153/1C, 153/2 and 154/1 situated in No. 36 Tajpura Village, Arcot Taluk and issue patta based on petitioners representation dated 11.04.2022 and 26.11.2022.

For Petitioner : Mr. I.Abrar Md. Abdullah For Respondents : Mr. U.Bharanidharan, AGP 1/5

ORDER

This writ petition is filed seeking direction to the respondents to conduct a survey and demarcate the boundaries in my property comprised in S.No. 144/2, 144/3, 144/6, 144/7, 144/8, 144/9, 180/1, 188/1, 188/79, 155/2, 156/1, 157, 153/1C, 153/2 and 154/1 situated in No. 36 Tajpura Village, Arcot Taluk and issue patta based on petitioners representation dated 11.04.2022 and 26.11.2022.

2. The case of the petitioner is that the petitioner is the owner of the above said lands and the above lands are nanjai lands with a total extent of 7.76 acres. The petitioner is planning out certain development activities in the aforesaid lands. For carrying out the said activities, the petitioner has made representations on 11.04.2022 and 26.11.2022 to the second respondent for conducting survey and demarcate the boundaries in respect of the subject lands. However, the respondent has not considered the same so far. Without having no other option, the petitioner has filed the present writ petition before this Court.

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3. The learned counsel for the petitioner submitted that this Court may issue a suitable direction to the second respondent to consider the petitioner's representations dated 11.04.2022 and 26.11.2022 and pass appropriate orders within the time stipulated by this Court.

4. The learned Addl. Government Pleader appearing on behalf of the respondents submitted that the petitioner's representations dated 11.04.2022 and 26.11.2022 2 will be considered and suitable orders will be passed on merits within the stipulated period as fixed by this Court.

5. Heard both sides and perused the materials available on records.

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 second respondent to consider the petitioner's representations dated 11.04.2022 and 26.11.2022 and take necessary steps to survey the land 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 3/5

of this order.

7. With the aforesaid direction, this Writ Petition stands disposed of. No costs.

30.11.2022 Rli Index:Yes/No Internet:Yes/No Speaking/Non speaking To

1. The Assistant Director Land Survey and Records Department, Survey House, Chepauk, Chennai -05.

2. The Tahsildar Taluk Office, Arcot-632503.

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M.DHANDAPANI, J.

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