Madras High CourtWP/7707/2017disposed of

M.Gopal v. The Tahsildar

2017-04-03Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.7707 of 2017 M.Gopal [ Petitioner ] Vs 1 The Tahsildar Palacode Dharmapuri District 2 The Land Surveyor Office of the Tahsildar Palacode Dharmapuri District 3 The Inspector of Police Palacode Police Station Palacode Dharmapuri District [ Respondents] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents 1 and 2 to measure survey and subdivide the land in S.No.137/5 of Kanavenahalli Village to an extent of 4360 sq.ft. based on the petition dated 18.7.2016 with the protection of the 3rd respondent.

For Petitioner : Mr.S.C.Vishwanth For Respondents : Mr.R.S.Selvam, GA

ORDER

Mr.R.S.Selvam, learned Government Advocate, takes notice for the respondents.

2. By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.

3. The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondents 1 and 2 to measure, survey and subdivide the land in S.No.137/5 of Kanavenahalli Village to an extent of 4360 sq.ft., based on the petition dated 18.7.2016.

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4. The learned counsel appearing for the petitioner submitted that though the petitioner has given his representation as early as on 18.07.2016 to measure, survey and subdivide the land in S.No.137/5, the respondents 1 and 2 have not yet passed any orders on the same.

5. Mr.R.S.Selvam, learned Government Advocate appearing for the respondents 1 to 3 submitted that the respondents 1 and 2 may be directed to consider the petitioner's representation dated 18.07.2016 and pass orders on merits and in accordance with law, within a time frame.

6. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the learned counsel for the petitioner, without expressing any opinion with regard to the merits of the case, I direct the respondents 1 and 2 to consider the petitioner's representation dated 18.07.2016 and pass orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. With the above observation, the writ petition is disposed of . No costs.

-s/d- Assistant Registrar(CS-VI) True Copy Sub-Assistant Registrar To 1 The Tahsildar Palacode Dharmapuri District 2 The Land Surveyor Office of the Tahsildar Palacode Dharmapuri District 3 The Inspector of Police Palacode Police Station Palacode Dharmapuri District +1 CC to Mr.S.C.Vishwanth, sr 19686 +1 Cc to Govt. Pleader sr 20256 W.P.No.7707 of 2017 SCD(CO) sp/13/4 https://hcservices.ecourts.gov.in/hcservices/