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Madras High CourtWP(MD)/3840/2022disposed of

Chellapandian.P.T v. The Tahsildar

2022-03-02Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.T.Chellapandian .. Petitioner Vs 1.The Tahsildar, Dindigul West Taluk Office, Dindigul West, Dindigul District.

2.The Special Tahsildar (Town Settlement), Dindigul Town, Dindigul District.

3.The Town Surveyor, Dindigul Corporation, Dindigul District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to survey, mark four boundaries and subdivide his land with an extent of 1 Acre 8 Cents, situated in Old Survey Number 730/2 and New Town Survey T.S.No.24,25 and 182, Chettinayakkanpatti Village, Dindigul Town, Dindigul District, based on the petitioner's application, dated 16.12.2021 and subsequent representation, dated 31.01.2022, within a stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Karunanidhi For Respondents : Mrs.S.Jeyapriya Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey, mark the four boundaries and subdivide the land measuring an extent of 1 Acre 8 Cents situated in Old Survey Number 730/2 and New Town Survey T.S.No.24,25 and 182, Chettinayakkanpatti Village, Dindigul Town, Dindigul District, based on the petitioner's application, dated 16.12.2021 and subsequent representation, dated 31.01.2022, within a stipulated time frame to be fixed by this Court.

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2.The petitioner claims that he is the power agent of the owners of the land referred to supra. He has obtained a power of attorney, dated 29.04.2021, in his name from the owners of the land. He now seeks the survey and demarcation of the boundaries for the aforementioned property. He has submitted an application on 16.12.2021 with the first respondent by paying the necessary charges for the purpose of surveying and demarcating the boundaries. Thereafter, he has also given a representation, on 31.01.2022. Since his application, dated 16.12.2021 and his subsequent representation, dated 31.01.2022, have not been considered till date, he has filed this writ petition.

3.Heard Mr.R.Karunanidhi, learned counsel for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate, who accepts notice on behalf of the respondents.

4.The petitioner has filed documents along with the writ petition in respect of his claim that he is the power agent of the owners of the aforementioned land. He has filed his power of attorney deed, dated 29.04.2021, under which he has been appointed as power agent for the owners of the land. He has submitted an application on 16.12.2021, with the respondents seeking for survey and demarcation of boundaries and which was followed by a representation on 31.01.2022.

5.No prejudice will be caused to the respondents, if the petitioner's application seeking for survey and demarcation of boundaries for the aforementioned property is considered on merits and in accordance with law, after affording a fair hearing to the writ petitioner and other rival claimants if any, within a time frame to be fixed by this Court.

6.Accordingly, this Court directs the third respondent to survey and demarcate the boundaries of the property measuring an extent of 1 Acre 8 Cents situated in Old Survey Number 730/2 and New Town Survey T.S.No.24,25 and 182, Chettinayakkanpatti Village, Dindigul Town, Dindigul District, within a period of twelve weeks from the date of receipt of a copy of this order, after giving notice to the petitioner and other rival claimants, if any. 7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 2/3

Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The Tahsildar, Dindigul West Taluk Office, Dindigul West, Dindigul District.

2.The Special Tahsildar (Town Settlement), Dindigul Town, Dindigul District.

3.The Town Surveyor, Dindigul Corporation, Dindigul District.

+1 CC to M/s.SPL GP ( SR-9770[F] dated 03/03/2022 ) 02.03.2022 RK(16/03/2022) 3P 5C 3/3