Madras High CourtWP/31032/2012disposed of

M.Raghunathan v. The Tahsildar

2015-08-12Honourable Mr Justice M. Jaichandren2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.8.2015

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN Writ Petition No.31032 of 2012 M.RAGHUNATHAN [ PETITIONER ] Vs 1 THE TAHSILDAR COIMBATORE SOUTH TALUK COIMBATORE-641 018.

2 ARUCHAMY CHETTIAR POST OFFICE THOTTAM THIRUMALAYAM PAALAYAM NEAR WATER TANK, MADHURRARAI POST COIMBATORE- 641 105.

(R2-IMPLEADED AS PER ORDER DATED 27/11/12 BY NPVJ IN MP 1/12 IN WP NO.31032/2012 [ RESPONDENTS ] This writ petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to survey and demarcate the lands owned by the petitioner comprised in T.S.No.10/2, 9/10, 9/3, 9/8 and 9/9B situated at Thirumalaiyampalayam Village, Coimbatore South Taluk, totally measuring an extent of 6.19 acres and thereabouts as requested in the petitioner representations dated 14.8.2012 and 6.9.2012 within a reasonable time as may be fixed by this Court. For petitioner :

Mr.N.Anand Venkatesh For respondents :

Mr.R.Ravichandran AGP for R1 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

Heard the learned counsels appearing on behalf of the parties concerned.

2. At this stage of the hearing of the Writ Petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if a direction is issued to the second respondent to pass orders on the representation of the petitioner, dated 6.9.2012, on merits and in accordance with law, within a time frame specified by this Court. The learned Additional Government Pleader appearing on behalf of the first respondent has no objection for this court passing such an order.

3. In such circumstances, this Court finds it appropriate to direct the second respondent to consider the representation of the petitioner, dated 6.9.2012, if it is otherwise in order, and dispose of the same, on merits and in accordance with law, after giving an opportunity of hearing to the petitioner, the second respondent and the other persons concerned, if any, within a period of twelve weeks from the date of receipt of a copy of this order. The petitioner shall furnish a copy of the representation, dated 6.9.2012, to the second respondent, along with a copy of this order. However, it is made clear that this Court has not expressed any opinion on the merits of the matter. The Writ Petition is disposed of, with the above directions. No costs.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar lan To THE TAHSILDAR COIMBATORE SOUTH TALUK COIMBATORE-641 018.

1 CC to Mr.N.Anand Venkatesh, Advocate SR.No. 42302 W.P.No.31032 of 2012 MG (CO) PSI (01.09.2015) https://hcservices.ecourts.gov.in/hcservices/