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Madras High CourtWP/6090/2017disposed of

A.N.Munian v. The Tashildar

2017-03-13Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.03.2017

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN WP.No.6090 of 2017 A.N.Munian ..

Petitioner

Versus

The Tahsildar, Tashildar Office, Anthiyur Taluk, Erode District.

..

Respondent Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondent to make measurement and to fix the boundaries in respect of the S.Nos.107/1, 107/4, 108/4 and 108/5 measuring 1.13 acres of Kuppandapalayam Village, Anthiyur Taluk, Erode District pursuant to the application dated 21.2.2017.

For Petitioner :

Mr.S.P.Yuaraj For Respondent :

Mr.A.N.Thambidurai Spl. Government Pleader

ORDER

By consent, the writ petition is taken up for final disposal.

Mr.A.N.Thambidurai, learned Special Government Pleader accepts notice on behalf of the respondent.

2. The petitioner, on an earlier occasion, fled W.P.No.734 of 2017 praying for writ of mandamus directing the respondent herein to measure and fix the boundaries in respect of the lands in S.Nos.107/1A and 108/5B admeasuing an extent of 1.13 acres situated at Kuppandapalayam village, Anthiyur Taluk, Erode District pursuant to the application dated 27.12.2016 and the original application dated 01.04.2016 and this Court, vide order dated 10.01.2017 has disposed of the said writ petition by directing the respondent to consider and dispose of the representation within the stipulated time.

3. The grievance expressed by the petitioner is that at the time of making measurement by the Surveyor, he made a request to measure and sub-divide the properties. However, the petitioner https://hcservices.ecourts.gov.in/hcservices/

was insisted to get a direction from this Court and therefore, he is constrained to approach this Court, by filing the present writ petition.

4. The learned counsel appearing for the petitioner would submit that it would be necessary to direct the respondent to consider and pass orders on the representation of the petitioner dated 21.2.2017 on merits and in accordance with law and prays for appropriate orders.

5. The Court heard the submissions of A.N.Thambidurai, learned Special Government Pleader appearing for the respondent.

6. Though the petitioner prays for a larger relief, in the light of the stand taken and without going into the merits of the matter, directs the respondent to consider and dispose of the petitioner's representation dated 21.2.2017 and after putting the concerned person/s on notice, shall pass appropriate orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as the person/s concerned.

7. The writ petition, accordingly, stands disposed of. No costs.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To The Tahsildar, Tashildar Office, Anthiyur Taluk, Erode District.

+1 cc to Govt.Pleader,sr.15930 +1 cc to M/s.Sr.Yvaraj,advocate,sr.15703 rr(co) krd 20/3 WP.No.6090 of 2017 https://hcservices.ecourts.gov.in/hcservices/