R.Ayyasamy v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.12.2021

CORAM:

THE HON'BLE DR.JUSTICE ANITA SUMANTH W.P.NOS.28099 & 28103 OF 2021 R.Ayyasamy ... Petitioner in W.P. No.28099 of 2021 R.Chinnasamy ... Petitioner in W.P.No.28103 of 2021 .Vs.

The Tahsildar, Kinathukadavu Taluk Office, Coimbatore District.

... Respondent in both WPs PRAYER IN W.P.NO.28099 OF 2021:- Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus to direct the respondent to dispose the petitioner's application dated 15.03.2017, 29.11.2021 and 21.12.2021 and survey the land and lay the boundary stone and issue Separate Patta to the petitioner in Survey Nos.340/4A, 342/3, 342/4, 345/4A and 345/4B to the extent of 0.59 cents situated at Vadapudhur Village Kinathukadavu Taluk Coimbatore District.

PRAYER IN W.P.NO.28103 OF 2021:- Writ Petition filed under Article 226 of the Constitution of India praying to Writ of Mandamus to direct the respondent to dispose the petitioners application dated 15.03.2017, 29.11.2021 and 21.12.2021 and survey the land and lay the boundary stone and issue Separate Patta to the petitioner in Survey Nos.345/4A, 345/4B, 342/4 to the extent of 0.54 cents situated at Vadapudhur Village Kinathukadavu Taluk Coimbatore District. For Petitioner :

Mr.P.Kannan For Respondent :

Mr.K.Karthikeyan Government Advocate

C O M M O N O R D E R Mr.K.Kathikeyan, learned Government Advocate accepts notice for the respondent and is armed with instructions to proceed with the matter finally. Hence, by consent of both sides, these Writ Petitions are taken up for final disposal even at the stage of admission.

2. The petitioners are brothers claiming to be joint owners of the property in S.Nos. 340/4A 342/3 342/4 345/4A and 345/4B to the extent of 0.54 cents situated at Vadapudhur Village, Kinathukadavu Taluk, Coimbatore District ('lands in question'). They seek a mandamus directing the Tahsildar, Kinathukadavu Taluk Office, Coimbatore District to dispose their representations filed from March 2017 to 21.12.2021, requesting survey of the lands in question, laying of boundary stones and issuance of separate patta to them.

3. Mr.Kathikeyan circulates a copy of proceeding in Na.Ka. No.3199/2021/S2 dated 28.12.2021, wherein, while referring to the writ petitions being disposed now, the respondent undertakes to conduct inspection of the lands in question on 31.12.2021, hear the petitioners and thereafter take appropriate action as sought for in these Writ Petitions.

4. With the instructions now conveyed, the mandamus as sought for by the petitioners stands achieved and these writ petitions are allowed. The exercise of conduct of inspection, hearing of the petitioners and doing the necessary in terms of laying boundary stones and issuing separate patta, shall be completed in accordance with law and within a period of twelve

(12) weeks from 31.12.2021, being the date of inspection. No costs.

Sd/- Assistant Registrar (VC) //True Copy// Sub Assistant Registrar sl

To The Tahsildar, Kinathukadavu Taluk Office, Coimbatore District.

+2ccs to Mr.P.Kannan, Advocate, S.R.Nos.69930 & 69931 +1cc to the Government Pleader, S.R.Nos.69962 & 69963 W.P. NOS.28099 & 28103 OF 2021 VSN-II(CO) PBS/30/12/2021