Madras High Court
S.Anthony Joseph vs The Government Of Tamil Nadu on 5 August, 2022
W.P.No.20068 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2022
CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI
W.P. No.20068 of 2022
S.Anthony Joseph ... Petitioner
Vs.
1. The Government of Tamil Nadu,
Represented by The District Collector,
Cuddalore.
2. The Tahsildar,
Virudhachalam,
Cuddalore District.
3. The Surveyor,
U.Mangalam (North)
U.Agaram (Post)
Virudhachalam Taluk.
4. The Village Administrative Officer,
U Agaram,
Virudhachalam Taluk.
5. Amalorpavameri ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Mandamus, directing the respondents to
measure the petitioner's property in Sy.No.139/8A1, Iruppukurichi Village,
Virudhachalam Taluk and fix boundaries, within a fixed period stipulated by
this Court.
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W.P.No.20068 of 2022
For Petitioner : Mr.J.Antony Jesus
For R1 to R4 : Mr.A.Anandan
Government Advocate
ORDER
This Writ Petition has been filed seeking for issuance of a Writ of
Mandamus to direct the respondents to measure the petitioner's property in
Sy.No.139/8A1, Iruppukurichi Village, Virudhachalam Taluk and fix
boundaries, within a fixed period stipulated by this Court.
2. Since no adverse order is being passed against the private
respondent, notice to the private respondent is dispensed with.
3. The case of the petitioner is that the petitioner's father had
purchased the aforesaid property from one Lourdhu Mary, by virtue of a Sale
Deed, dated 08.09.1994. After demise of the petitioner's father, the petitioner
inherited the aforesaid property. While so, the fifth respondent filed a suit for
declaration and permanent injunction regarding the suit property in
O.S.No.1451 of 1994 before the II Additional District Munsif Court,
Virudhachalam against the petitioner. However, the said suit was dismissed
and aggrieved by the same, the fifth respondent filed an appeal in
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W.P.No.20068 of 2022
A.S.No.65 of 2004 before the Additional Sub Court, Virudhachalam, and the
same was allowed on 19.10.2006. Thereafter, the petitioner had filed Second
Appeal in S.A.No.1166 of 2008 before this Court, and this Court by its
judgment and decree dated 15.09.2021 allowed the second appeal, by setting
aside the judgment and decree of the Additional Sub Court. In order to
survey, sub-divide the aforesaid property and fix boundary stones, the
petitioner made an online application/representation dated 04.02.2022 before
the second respondent. It is pertinent to note that the petitioner has paid the
necessary charges. Further, the second respondent directed the third and
fourth respondents to survey the aforesaid property as per law. Since the said
representation was not considered by the respondents 2 to 4, the petitioner
had filed the present Writ Petition.
4. Though very many grounds have been raised in this Writ Petition,
learned counsel for the petitioner submitted that, it would suffice, if this
Court issues direction to the second respondent to consider the petitioner's
application/representation dated 04.02.2022 and pass orders on the same
within a particular time frame to be fixed by this Court.
5. The learned Government Advocate appearing for the respondent has
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W.P.No.20068 of 2022
no objection for said order being passed.
6. In view of the aforesaid submissions, this Court, without expressing
any opinion on the merits of the case, directs the second respondent to
consider the petitioner's application/representation dated 04.02.2022 and
pass appropriate orders on merits and in accordance with law, after affording
an opportunity of hearing to the petitioner as well as the fifth respondent
herein, within a period of twelve weeks from the date of receipt of a copy of
this order.
7. With the above observation and direction, this Writ Petition is
disposed of. No costs.
05.08.2022
Index : Yes / No
Speaking order : Yes / No
jd
To
1.The District Collector,
The Government of Tamil Nadu,
Cuddalore.
2. The Tahsildar,
Virudhachalam,
Cuddalore District.
https://www.mhc.tn.gov.in/judis
W.P.No.20068 of 2022
3. The Surveyor,
U.Mangalam (North)
U.Agaram (Post)
Virudhachalam Taluk.
4. The Village Administrative Officer,
U Agaram,
Virudhachalam Taluk.
https://www.mhc.tn.gov.in/judis
W.P.No.20068 of 2022
M.DHANDAPANI, J.
jd
W.P. No.20068 of 2022
05.08.2022
https://www.mhc.tn.gov.in/judis
