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Madras High CourtWP/41280/2016disposed of

Mr.Ettiyappan, v. The Special Thasildhar,

2021-09-23Honourable Mr Justice S.M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2021

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.41280 of 2016 and W.M.P.No.37065 of 2016 Ettiyappan

...Petitioner

Vs The Special Tahsildar, Harijan Welfare, Thindivanam.

...Respondent

PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondent to measure the land of three cents allotted and assigned to the petitioner's father at Kodiyan Village, in S.R.No.125/1, New Survey No.106/2, for the extent of 0.03 acre (3 cents).

For Petitioner :

Mr.Sundharamurthy For Respondent :

Mr.K.M.D.Muhilan Government Advocate

O R D E R

The relief sought for in the present Writ Petition is to direct the respondent to measure the land of three cents allotted and assigned to the petitioner's father at Kodiyan Village, in S.R.No.125/1, New Survey No.106/2, for the extent of 0.03 acre (3 cents).

2. The writ petition was filed in the year 2016 and the grievance of the petitioner is that the land allotted and assigned in favour of his father is to be surveyed and to be https://hcservices.ecourts.gov.in/hcservices/

handed over to the petitioner. In other words, the petitioner claims Civil right in respect of an immovable property. For measuring the land, the petitioner has to approach the competent authorities afresh by filing an appropriate application in the prescribed format. Regarding the Civil right, if any dispute exists, the petitioner has to approach the competent Civil Court of law for the purpose of establishing his title or rights. However, the relief as such sought for at this length of time cannot be granted. Thus, the petitioner is at liberty to approach the competent authorities.

3. With this liberty, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CS-VI) // True Copy // Sub Assistant Registrar nti/kak To The Special Tahsildar, Harijan Welfare, Thindivanam.

+1cc to the Government Pleader SR.No.49434 W.P.No.41280 of 2016 SR-II(CO) RVM(12/10/2021) https://hcservices.ecourts.gov.in/hcservices/