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Madras High CourtWP/5680/2018disposed of

P.Mylsamy v. The Tahsildar

2018-03-14Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.5680 of 2018 P.Mylsamy S/o.Sri Palanisamy Gounder .. Petitioner Vs.

1.The Tahsildar Kinathukkadavu Taluk Office Kinathukkadavu - 641 018 Coimbatore District.

2.The Head Surveyor Kinathukadavu Taluk Office Kinathukadavu, Coimbatore District.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents herein to measure the petitioner's property comprised in S.No.46/A1 and 46/B1 & B2 in Pottaiandipurambu Village, Kinathukadavu Taluk, Coimbatore District as per FMB of the Revenue records for restoring survey stones in original position on his representation dated 18.09.2017 with physical features and to furnish the copy of same to the petitioner. For Petitioner : Mr.R.Kannan For Respondents : Mr.B.Anandan Government Advocate

O R D E R

Mr.B.Anandan, learned Government Advocate takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus, directing the respondents to consider his representation dated 18.09.2017, wherein and whereby, he sought for survey of the property comprised in S.No.46/A1 and 46/B1 & B2 in Pottaiandipurambu https://hcservices.ecourts.gov.in/hcservices/

Village, Kinathukadavu Taluk, Coimbatore District.

3. Heard both sides.

4. The grievance of the petitioner before this Court is that the said representation has not been considered so far. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondents to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the respondents to consider the representation of the petitioner dated 18.09.2017 and pass orders on the same on merits and in accordance with law, after hearing the petitioner as well as the rival claimants and other interested parties, if any. Such exercise shall be done by the respondents within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

-Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar To 1.The Tahsildar Kinathukkadavu Taluk Office Kinathukkadavu - 641 018 Coimbatore District.

2.The Head Surveyor Kinathukadavu Taluk Office Kinathukadavu, Coimbatore District.

• 1 cc to Mr.R.Kannan, Advocate Sr.No.19125 • 1 cc to The Government Pleader Sr.No.19653 W.P.No.5680 of 2018 CO(GMI) RRI 28/03/2018 https://hcservices.ecourts.gov.in/hcservices/