Madras High CourtWP(MD)/26652/2022disposed of

Samiayya v. The Tahsildar

2022-11-25Honourable Mrs Justice V.Bhavani Subbaroyan10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 25.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.26652 of 2022 Samiayya ..Petitioner Vs 1.The Tahsildar, Pudukkottai Taluk, Pudukkottai District.

2.The Taluk Surveyor, Pudukkottai Taluk, Pudukkottai District.

3.The Inspector of Police, Gandarvakottai Police Station, Pudukkottai District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents 1 and 2 to survey and demarcate the boundaries of the Petitioner's empty house site patta No.216 in New S.No.360/10, Old S.No.5/2 of Ganapathipuram Village, Pudukkotai Taluk, Pudukkottai District based on the Petitioner's representation dated 27.7.2022 within the time frame fixed by this Court.

For Petitioner :Mr.S.Vikram For Respondents :Mr.D.Sadiq Raja 1 and 2 Addl.Govt.Pleader For Respondent-3:Mr.R.M.Anbunithi Addl.Public Prosecutor (Crl.Side)

ORDER

The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents 1 and 2 to survey and demarcate the boundaries of the Petitioner's empty house site patta No.216 in New S.No.360/10, Old S.No.5/2 of Ganapathipuram Village, Pudukkotai Taluk, Pudukkottai District based on the Petitioner's representation dated 27.7.2022 within the time frame fixed by this Court. 2.Mr.D.Sadiq Raja, learned Additional Government Pleader takes notice for the respondents 1 and 2 and Mr.R.M.Anbunithi, learned Additional Public Prosecutor(Crl.side) takes notice for the third respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. 3.The case of the Petitioner is that the Petitioner is the bonafide purchaser of the prayer mentioned property measuring an extent of 250 sq.

ft and is in possession and enjoyment of the same. Wehileso, the adjacent land owners tried to encroach upon the Petitioner's property. Hence the Petitioner wants to survey and demarcate the said property and to fence the same.For this purpose, the Petitioner submitted a representation on 27.7.2022 before the respondents 1 and 2 by paying the requisite fees. Since the same was not considered so far, the Petitioner has filed the above Writ Petition for the relief stated supra.

4.The learned Additional Government Pleader appearing for the respondents 1 and 2 would submit that the Petitioner's representation will be considered and necessary orders will be passed on merits and in accordance with law, within the time limit prescribed by this Court. 5.In view of the above said submission, this Court, without going into the merits of the matter, directs, the first respondent to consider the representation of the Petitioner, dated 27.7.2022 and pass appropriate orders on merits and in accordance with law, within a period of sixteen weeks from the date of receipt of a copy of this order. 6.With the above direction, the Writ Petition stands disposed of. No costs.

25.11.2022 Index : Yes/No Internet:Yes/No vsn To 1.The Tahsildar, Pudukkottai Taluk, Pudukkottai District.

2.The Taluk Surveyor, Pudukkottai Taluk, Pudukkottai District.

3.The Inspector of Police, Gandarvakottai Police Station, Pudukkottai District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.26652 of 2022 25.11.2022