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Madras High CourtWP/32397/2022disposed of

P.Shanmugam v. The Tahsildar

2022-12-01Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.12.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI P.Shanmugam ... Petitioner Vs.

1.The Tahsildar, Salem South Taluk Office, Salem District.

2.The Head Surveyor, Salem South Taluk Office, Salem District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider the petitioner's application dated 18.11.2022 and thereby direct the respondents to measure the property in Survey No.14/3, Peria Siragapadi Village, Salem South Taluk, Salem District to an extent of 50 cents and sub divide the same by erect the milestone and issue separate patta in the name of petitioner.

For Petitioner : Mr.B.Gopalakrishnan For Respondents : Mr.U.Bharanidharan Additional Government Pleader 1/5

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's application dated 18.11.2022 and thereby direct the respondents to measure the property in Survey No.14/3, Peria Siragapadi Village, Salem South Taluk, Salem District, of an extent of 50 cents and sub-divide the same by erecting the milestone and issue separate patta in the name of petitioner.

2. The case of the petitioner is that he had purchased the aforesaid property from his vendor, namely P.Mani, by virtue of Sale Deed, dated 23.02.2022 in Doc.No.856 of 2022 on the file of Sub Registrar Office, Veerapandi. However, the patta stands in the name of the petitioner's vendor, vide Patta No.357. Therefore, the petitioner made a representation/application dated 18.11.2022 before the first respondent, seeking to survey, sub-divide and transfer of Patta in his favour and the petitioner has paid necessary charges. Since the said representation was not considered by the first respondent, the petitioner had filed the present Writ Petition.

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3. Though very many grounds have been raised, learned counsel for the petitioner submitted that, it would suffice if this Court issues a direction to the first respondent to consider the petitioner's representation dated 18.11.2022 and pass orders on the same within a particular time frame fixed by this Court.

4. The learned Additional Government Pleader appearing for the respondents has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the first respondent to consider the petitioner's representation dated 18.11.2022 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to the petitioner and other aggrieved person, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above observations and direction, this Writ Petition is disposed of. No costs.

01.12.2022 Index : Yes / No 3/5

Speaking order : Yes / No jd To 1.The Tahsildar, Salem South Taluk Office, Salem District.

2.The Head Surveyor, Salem South Taluk Office, Salem District.

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M.DHANDAPANI, J.

jd 01.12.2022 5/5