Balaji v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Balaji ... Petitioner Vs 1.The Tahsildar, Harur, Dharmapuri District.

2.The Taluk Surveyor, Harur, Dharmapuri District.

3.The Inspector of Police, Kambainallur Police Station, Dharmapuri District.

... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to carry on the field inspection and to demarcate the petitioner's property in Survey No.55/1B3A to the extent of 18 1⁄2 cents situates at Elavadai Village, Harur Taluk, Dharmapuri District and S.Nos.163/1C, 170, 173/1, to the extent of 54.5 cents, 3.04 acres and 1.64 acres situates at Navalai Village, Harur Taluk, Dharmapuri District and to consequently direct the respondents to allot appropriate sub-division, separately earmarking the petitioner's property and issue patta.

For Petitioner : Mr.J.Pradeep For Respondent : Mr.Yogesh Kannadasan Special Government Pleader 1/5

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the respondents to carry on the field inspection and to demarcate the petitioner's property in Survey No.55/1B3A to the extent of 18 1⁄2 cents situated at Elavadai Village, Harur Taluk, Dharmapuri District and S.Nos.163/1C, 170, 173/1 to the extent of 54.5 cents, 3.04 acres and 1.64 acres situated at Navalai Village, Harur Taluk, Dharmapuri District and to consequently direct the respondents to allot appropriate sub-division, separately earmarking the petitioner's property and issue patta.

2. In respect of landed properties at Survey No.55/1B3A to the extent of 18 1⁄2 cents situated at Elavadai Village, Harur Taluk, Dharmapuri District and S.Nos.163/1C, 170, 173/1 to the extent of 54.5 cents, 3.04 acres and 1.64 acres situated at Navalai Village, Harur Taluk, Dharmapuri District, the petitioner wanted to survey the land and to sub-divide some lands, he made an application already on 17.08.2020 to the respondent Tahsildar and subsequently on 14.11.2022 necessary fee also had been paid through online. Therefore, the petitioner in order to consider the said application and to do the needful seeking a direction to the respondents, the petitioner has approached this Court by filing the present writ petition. 2/5

3. Heard Mr.J.Pradeep, learned counsel appearing for the petitioner and Mr.Yogesh Kannadasan, learned Special Government Pleader for the respondents.

4. The learned Special Government Pleader for the respondents would submit that, though the application was submitted in the year 2020 the necessary fee was paid only in November, 2022, anyhow the said application would be taken up for consideration and accordingly the needful would be undertaken by the respondents 1 and 2 within a reasonable time that may be stipulated by this Court.

5. Considering the said submission made by the learned Special Government Pleader for the respondents and having regard to the innocuous nature of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following order: There shall be a direction to the respondents 1 and 2 to consider the application of the petitioner dated 17.08.2020 along with the fee paid on 14.11.2022 and do the needful with regard to the plea of the petitioner to survey the land for the 3/5

purpose of identifying the boundaries for sub division of the land and complete the same within a period of eight weeks from the date of receipt of a copy of this order.

6. With this direction, this Writ Petition is disposed of. No costs. 03.01.2023 Index : Yes/No Speaking Order : Yes/No Sgl To 1.The Tahsildar, Harur, Dharmapuri District.

2.The Taluk Surveyor, Harur, Dharmapuri District.

3.The Inspector of Police, Kambainallur Police Station, Dharmapuri District.

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R.SURESH KUMAR, J.

Sgl 03.01.2023 5/5