M.Sekar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.02.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.3959 of 2019 M.Sekar ... Petitioner Vs The Tahsildar, Kilpennathur Taluk, Thiruvannamalai District.

... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to survey the land bearing Survey No.44/3 to an extent of 1.78 Acres situated at Neivanatham Village, Kilpennathur Taluk, Thiruvannamalai District and issued separate patta the said land in the petitioner name based on the petitioner's representation dated 12.10.2018 made to the respondent herein.

For Petitioner : Mr.K.Semmalai For Respondent : Mr.E.Balamurugan, Special Government Pleader.

O R D E R

Mr.E.Balamurugan, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition itself is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for the following relief: To direct the respondent to survey the land bearing Survey No.44/3 to an extent of 1.78 Acres situated at Neivanatham Village, Kilpennathur Taluk, Thiruvannamalai District and issued separate patta the said land in the petitioner name based on the petitioner's representation dated 12.10.2018 made to the respondent herein.

3. The grievance of the petitioner is that the said representation has not been considered so far.

4. This Court, at this stage, is not expressing any view on the claim made by the petitioner, as it is for the respondent to consider and decide, based on the merits of the matter. It is https://hcservices.ecourts.gov.in/hcservices/

further seen that the petitioner has made representation on 12.10.2018 seeking for the very same relief and it is stated that the said representation is still pending. Therefore, without expressing any view on the merits of the matter, this writ petition is disposed of, only by directing the respondent to consider the claim of the petitioner and pass orders on the same on its own merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as the rival claimants, if any, within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar gsi/vsi To The Tahsildar, Kilpennathur Taluk, Thiruvannamalai District.

+1cc to the Government Pleader, S.R.No.12298 W.P.No.3959 of 2019 SSV(CO) rrs 27/02/2019 https://hcservices.ecourts.gov.in/hcservices/