Madras High CourtWP/19294/2015disposed of

M.Sasikumar v. The Tahsildar

2015-07-02Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 02.07.2015 Coram The Honourable Mr. JUSTICE M.SATHYANARAYANAN Writ Petition No.19294 of 2015 M.Sasikumar ... Petitioner -VsThe Tahsildar, Tahsildar Office, Chief Land Surveyor, Tiruvannamalai District.

...Respondent

Petition filed under Article 226 of the constitution of India to issue a Writ of Mandamus to direct the respondent ot measure the lands in S.F.No.36/1, Vanianthangal Village, Tiruvannamalai District as per the petitioner representation dated 27.04.2015 within time limit fixed by this Court.

For Petitioner : Mr.A.Venkatesan For Respondents : Mr.V.Subbiah, Special Govt.Pleader

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner claims to be the absolute owner of the property situated in S.F.No.36/1, Vanianthangal Village, Tiruvannamalai District by means of registered sale deed dated 20.12.2007, registered on the file of the Sub Registrar, Tiruvannamalai, bearing document No.13193/2007. The petitioner alleges some malpractice on the part of Vadivelan, who filed a suit in O.S.No.13/2012 before the District Munsif Court, Tiruvannamalai, for declaration and permanent injunction in respect of the said property. Subsequently, the suit was dismissed for default on 05.11.2014 and no steps have been taken to restore the same. It is the specific claim of the petitioner that he is in continuous and peaceful possession and enjoyment of the said property and he submitted an application dated 27.04.2015 to the respondent by remitting required fees to measure his land. Since no orders have been passed, he came forward to file this writ petition.

https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned counsel for the petitioner and Mr.V.Subbiah, learned Special Government Pleader who accepts notice on behalf of the respondent.

4. This court without going into the merits of the representation, directs the respondent to consider the petitioner's representation dated 27.04.2015, after putting on notice to the persons concerned and pass orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as to the persons concerned.

5. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar True Copy Sub Assistant Registrar vsi To The Tahsildar, Tahsildar Office, Chief Land Surveyor, Tiruvannamalai District.

1 cc to Government Pleader.Sr.No.33347 1 cc to Mr. A.Venkatesan, Advocate Sr.No.32880 W.P.No.19294 of 2015 sai(co) pmk.15.7.2015 https://hcservices.ecourts.gov.in/hcservices/