N.Mohamed Maideen v. The Tahasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.16701 of 2017 N.Mohamed Maideen [ Petitioner ] Vs 1 The Tahasildar Thiruthuraipoondi Thiruvarur District 2 The Collector Thiruvarur Thiruvarur District [ Respondents] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the first respondent to consider the representation of the petitioner dated 31.03.2017 to measure the lands with the help of surveyor in survey No.143/1A1 143/1A2 143/1B1 143/1B2 and marking the boundaries.

For Petitioner : Mr.C.Venkatesan For Respondents : Mr.Era Premnath, GA

ORDER

Mr. Era Premnath, learned Government Advocate takes notice for the respondents. By consent, the main writ petition itself is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above writ petition to issue a writ of mandamus to direct the 1st respondent to consider his representation petitioner dated 31.03.2017 to measure the lands with the help of a Surveyor in Survey No.143/1A1, 143/1A2, 143/1B1 and 143/1B2 and to mark the boundaries.

3. The learned counsel appearing for the petitioner submitted that on payment of necessary charges before the 1st respondent for demarcating and resurveying the lands, the 1st respondent may be directed to complete the exercise within a time frame, in accordance with law by considering his representation dated 31.03.2017.

4. Mr.Era Premnath, learned Government Advocate appearing for the respondents submitted that the 1st respondent may be directed to consider the petitioner' s representation dated 31.03.2017 on payment of necessary charges before the 1st respondent and in such an event, the 1st respondent may be directed to complete the exercise of resurveying and fixing the boundaries in accordance with law, after giving notice to all the interested parties.

5. Having regard to the submissions made by the learned counsel on either side, I direct the petitioner to pay necessary charges before the 1st respondent and on payment of the same, the 1st respondent is directed to

consider the petitioner' representation dated 31.03.2017 for demarcating and fixing the boundaries, in respect of the lands mentioned above and complete the exercise, within a period of six weeks from the date of receipt of a copy of this order, after giving notice to all the interested parties. With the above observation, the writ petition is disposed of. No costs. 03.07.2017 rg To 1 The Tahasildar Thiruthuraipoondi Thiruvarur District 2 The Collector Thiruvarur Thiruvarur District

M. DURAISWAMY,J.

rg W.P.No.16701 of 2017 03.07.2017 http://www.judis.nic.in