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Madras High CourtWP/5701/2019disposed of

E.Sivagami v. The Tahsildar

2019-02-28Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.5701 of 2019 E.Sivagami

...Petitioner

Vs.

1.The Tahsildar Tahsildar Office Tambaram Taluk Tambaram, Chennai-600 045.

2.The Surveyor Officer Tahsildar Office Tambaram Taluk Tambaram, Chennai-600 045.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to conduct spot inspection with a Surveyor to measure the property being Plot No.12, Sri Sathiya Nagar, No.167, New No.28, Perungalathur Village, demarcate the same as per the sale deed dated 11.07.2003 within the time frame. For Petitioner :

Mr.K.Ashok Kumar For Respondents:

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 is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioner seeks for a mandamus directing the respondents to measure and demarcate the property situated at Plot No.12, Sri Sathiya Nagar, No.167, New No.28, Perungalathur Village.

4. Ventilating such grievance, the petitioner has made the applications dated 10.10.2018 and 04.12.2018, followed by the https://hcservices.ecourts.gov.in/hcservices/

representation dated 31.1.2018 to the respondents seeking survey of the land. The grievance of the petitioner before this Court is that the said request has not been considered by the respondents so far.

5. 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 first respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the first respondent to consider the representation dated 31.12.2018 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and other interested parties, if any. Such exercise shall be done by the first respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar mk To 1.The Tahsildar Tahsildar Office Tambaram Taluk Tambaram, Chennai-600 045.

2.The Surveyor Officer Tahsildar Office Tambaram Taluk Tambaram, Chennai-600 045.

+2cc to Mr.K.Ashok kumar, Advocate Sr.18714 W.P.No.5701 of 2019 mg[co] srg 23/03/2019 https://hcservices.ecourts.gov.in/hcservices/