K.Udaiyan v. The Tahsildhar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.35061 of 2016 K.Udaiyan .. Petitioner Vs.

1.The Tahsildhar O/o.Taluk Office 1st Main Road, Nanganallur, Alandur Chennai-16.

2.The Deputy General Manager Stressed Assets Management Branch Raja Plaza, First Floor, No.112, Avinashi Road, Coimbatore - 37.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to consider the application bearing No.270 dated 15.03.2015 for survey and fix the boundaries to the petitioner's land measuring an extent of 20 1/2 cents situated in Paimash No.736, Survey No.17/2, Town Survey No.284, Ward="A", Block-3, Adambakkam Village, Alandur Tk, Kancheepuram District. For Petitioner : Mr.M.Venkatakrishnan For Respondents : Mr.D.Suriyanarayanan Additional Government Pleader for R1 Mr.P.Elayaraj Kumar, for R2

O R D E R

The petitioner seeks for a mandamus directing the first respondent to consider his application dated 15.03.2015, wherein and whereby, he sought for surveying and fixing the boundaries of the land measuring to an extent of 20 1/2 cents situated in Paimash No.736, Survey No.17/2, Town Survey No.284, Ward="A", Block-3, Adambakkam Village, Alandur Tk, Kancheepuram District. https://hcservices.ecourts.gov.in/hcservices/

2. The learned counsel for the second respondent filed a memo dated 12.02.2018, stating that the adjacent property of the subject matter property was already sold to the third party purchaser under the SARFEASI proceedings and therefore, any proceeding by the first respondent can be taken after issuing notice to the said person as well.

3. Considering the nature of the relief sought for in this writ petition, without expressing any view on the merits of the claim made by the petitioner, this writ petition is disposed of, only with a direction to the first respondent to consider the application of the petitioner dated 15.03.2015 and pass orders on the same on merits and in accordance with law, after hearing all the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar mk To 1.The Tahsildhar O/o.Taluk Office 1st Main Road, Nanganallur, Alandur Chennai-16.

+1cc to M/s.Ramalingam & Associates, Advocate, S.R.No.17352 +1cc to Mr.M.Venkatakrishnan, Advocate, S.R.No.16869 +1cc to the Government Pleader, S.R.No.17119 W.P.No.35061 of 2016 TM(CO) RRK(21/03/2018) https://hcservices.ecourts.gov.in/hcservices/