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P Kannaiyan [ vs The Tahsildar

Madras High Court|05 September, 2017
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JUDGMENT / ORDER

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05.09.2017 CORAM The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.23873 of 2017 P.Kannaiyan [ Petitioner ] Vs The Tahsildar, Gobichettipalayam Taluk Gobichettipalayam 638 452 Erode District. [ Respondent] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondent to measure the land with police protection if required, show the boundaries in field and to make sub division of property, which is under my possession and enjoyment in New S.F.No.46(Old S.F.No.678/35) to an extent of 0.03.0 Hectares and New No.50 (Old S.F.No.678/40) to an extent of 0.05.0 Hectares in No.71, Kolappalur Village in Gobichettipalayam Taluk, Erode District and to issue a separate patta in my name for both survey fields, within a time frame.
For Petitioner : Mr.R.Baskaradoss For Respondent : Mr.E.Balamurugan, AGP ORDER Mr.E.Balamurugan, learned Additional Government Pleader takes notice for the respondent. By consent, the main writ petition is taken up for disposal at the admission stage itself.
2. The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondent to survey and demarcate the lands in New S.F.No.46(Old S.F.No.678/35) measuring an extent of 0.03.0 Hectares and New No.50 (Old S.F.No.678/40) measuring an extent of 0.05.0 Hectares in No.71, Kolappalur Village in Gobichettipalayam Taluk, Erode District and to issue a separate patta in his name for both survey numbers.
3. The learned counsel appearing for the petitioner submitted that the petitioner has given a representation dated 14.08.2017 to the respondent for surveying and demarcating the lands and also paid the necessary charges for surveying his lands. However, the respondent has not considered the representation so far.
4. Mr.E.Balamurugan, learned Additional Government Pleader appearing for the respondent submitted that the respondent may be directed to consider and pass orders on the petitioner's representation dated 14.08.2017, in accordance with law, within a time frame, after giving notice to all the interested parties.
5. In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the respondent to consider the petitioner's representation dated 14.08.2017 and pass orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving notice to all the interested parties.
With this observation, the writ petition is disposed of. No costs.
05.09.2017 rg To The Tahsildar, Gobichettipalayam Taluk Gobichettipalayam 638 452 Erode District.
M. DURAISWAMY,J.
rg W.P.No.23873 of 2017 05.09.2017
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Title

P Kannaiyan [ vs The Tahsildar

Court

Madras High Court

JudgmentDate
05 September, 2017
Judges
  • M Duraiswamy