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Madras High CourtWP/31875/2017disposed of

P.Kusela Kumar, v. The Tahsildar,

2017-12-08Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.12.2017

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.31875 of 2017 P.Kusela Kumar ... Petitioner vs.

The Tahsildar, Madurantakam Taluk, Kancheepuram District.

...Respondent

PRAYER:

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the respondent herein to consider the petitioner's representation dated 23.01.2015 within the time frame to be stipulated by this Court seeking sub-division of the petitioner property situated at No.184, Arungunam village, Madurantakam Taluk, Kancheepuram District bearing survey No.183/15 admeasuring to an extent of 1.50 Ares comprised in patta No.898 and issue separate patta in the petitioner's name.

For Petitioner : Mr.K.Thilagaraj For Respondent : Mr.K.J.Sivakumar, Government Advocate

O R D E R

Mr.K.J.Sivakumar, learned Government Advocate takes notice for the respondent and by consent of the parties, the main writ petition itself is taken up for final disposal.

2. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondent.

3. The petitioner seeks for a mandamus to direct the respondent herein to consider the petitioner's representation dated 23.01.2015 within the time frame to be stipulated by this Court seeking sub-division of the petitioner property situated at No.184, Arungunam village, Madurantakam Taluk, Kancheepuram District bearing survey No.183/15 admeasuring to an extent of 1.50 Ares comprised in patta No.898 and issue separate patta in the petitioner's name.

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4. The grievance of the petitioner is that the said representation has not been considered so far. At this stage, this Court is not expressing any view on the merits of the claim made by the petitioner as it is for the respondent to consider and decide the same on merits and in accordance with law. However, considering the fact that the petitioner has made a representation as early as in the year 2015 which is sought to be disposed of in this writ petition, this Court is inclined to issue a direction to the respondent to consider the representation of the petitioner dated 23.01.2015 and pass orders on the same on merits and in accordance with law, after hearing the rival claimants, if any. Such exercise shall be done by the respondent within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True copy// Sub Assistant Registrar vsi To The Tahsildar, Madurantakam Taluk, Kancheepuram District.

+1cc to Mr.Thigaraj, Advocate SR.No.87356 +1cc to Government Pleader SR.No.88146 W.P.No.31875 of 2017 MG(CO) GN(21/12/2017) https://hcservices.ecourts.gov.in/hcservices/