R.Palanisamy v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2021

CORAM

THE HON'BLE MR.JUSTICE N.SESHASAYEE WP.No.20377 of 2020 R.Palanisamy

...Petitioner

-VsThe Tahsildar Sulur Taluk, Coimbatore District.

...Respondent

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent authority to measure petitioner property measuring to an extent of 221⁄2 cents comprised in survey number 641/1A and 641/1B situated at Neelambur Village, Sulur Taluk, Coimbatore District, by considering the petitioner representation dated 10.09.2019 within a time to be fixed by this Hon'ble Court.

For Petitioner : Mr.A.V.Raja For Respondent : Mr.S.N.Parthasarathy Government Advocate

ORDER

This Writ Petition is filed seeking a direction to the respondent herein to measure the petitioner's property in survey number 641/2A and 641/1B of Neelambur Village, Sulur Taluk, Coimbatore District, by considering the petitioner representation dated 10.09.2019.

2.Mr.S.N.Parthasarathy, learned Government Advocate submitted on instructions that after issuing necessary notice to the parties, the surveyor had gone to the property on 18.01.2021 at 11.00 a.m. but, the petitioner did not appear. 3.Mr.A.V.Raja, learned counsel for the petitioner would now state that his client was in receipt of the notice of the surveyor and that he was present, but the surveyor did not turn up.

4.Now it is a blame game and this Court is least interested in being an umpire to this game.

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5.When required to fix a fresh date for surveyor's visit, the learned Government Advocate, on instructions, submitted that an enquiry will take place at 11.00 a.m. on 02.02.2021 at the office of the respondent/Tahsildar, who is now required to resolve this stalemate and ensure that the property of the petitioner is measured as required. The petitioner is also required not to play any Tom and Jerry game at this ripe age of his life and co-operate with the officials.

6.No further direction is required to be given except that the respondent is directed to issue notice to all the parties who are likely to be affected by his decision, provide them a fair and effective hearing and to dispose of the matter through a speaking order within a period of eight(8) weeks from 02.02.2021.

7.The Writ Petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The Tahsildar Sulur Taluk, Coimbatore District.

+1 cc to The Government Pleader Sr.No. 3559 AKM/12.02.2021/2P- 3C / Order made in W.P.No.20377 of 2020 20.01.2021 https://hcservices.ecourts.gov.in/hcservices/