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Madras High CourtWP/11085/2019disposed of

R.Vasudevan v. The Thasildar

2019-04-12Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.11085 of 2019 R.Vasudevan

...Petitioner

Vs.

1.The Thasildar Katpadi Taluk Vellore District.

2.The Taluk Surveyor Katpadi Taluk Vellore District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to survey and fix the boundary of land of the petitioner, measuring about 15 cents situated in Survey No.302/1 at 10th Cross, Vivekananda Street, Thiru Nagar, Katpadi, Vellore District, by considering the petitioner's representation dated 30.11.2018.

For Petitioner : Mr.D.Magesh For Respondents: Mr.V.Prabhu Government Advocate

O R D E R

Mr.V.Prabhu, 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 survey and fix the boundary in respect of the land measuring an extent of 15 cents situated in Survey No.302/1, 10th Cross, Vivekananda Street, Thiru Nagar, Katpadi, Vellore District, by considering the petitioner's representation dated 30.11.2018.

3. It is stated that the petitioner's father has purchased the above said property from one P.Arumugapillai, vide sale deed dated 25.06.1983 registered as Document No.2059/1983. It is further stated that the petitioner's father died on 07.12.1983 https://hcservices.ecourts.gov.in/hcservices/

and after his demise, the above said property came into the hands of the petitioner, his mother and his brother. It is further stated that the petitioner's family was granted with Patta No.859 dated 14.09.2018. It is further stated that the petitioner approached the respondents and made a representation dated 30.11.2018 to survey the above said lands. However, the respondent has not considered the same. Hence, the present writ petition.

4. Heard both sides.

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 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 30.11.2018 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 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 mk To 1.The Thasildar Katpadi Taluk Vellore District.

2.The Taluk Surveyor Katpadi Taluk Vellore District.

+1cc to Mr.D.Magesh, Advocate, S.R.No. 36863 +1cc to the Government Pleader, S.R.No. 37680 W.P.No.11085 of 2019 SKV(CO) GN(20/05/2019) https://hcservices.ecourts.gov.in/hcservices/