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Madras High CourtWP/3902/2018disposed of

K.Thavamani v. The Tahsildar

2018-02-22Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.3902 of 2018 K.Thavamani S/o.P.Kannuchamy .. Petitioner Vs.

1.The Tahsildar Kothagiri Taluk Kothagiri The Nilgiris District.

2.The Taluk Surveyor Kothagiri Taluk O/o.Taluk Office, Kothagiri The Nilgiris District.

3.Lizzie Raj W/o.Late J.B.Raj ... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to measure the petitioner's house site situated in Old S.No.1014/6, New S.No.965/4 and 977/10, Kothagiri Village, The Nilgiris District and Sub division for the house site.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.D.Suriyanarayanan Additional Government Pleader for R1 & R2

O R D E R

Mr.D.Suriyanarayanan, learned Additional Government Pleader takes notice for the respondents 1 and 2. Since this writ petition is being disposed of, without affecting the interest of the third respondent, notice to the said respondent is dispensed with.

2. The petitioner seeks for a mandamus directing the respondents 1 and 2 to measure and make subdivision of the petitioner's property site situated at Old S.No.1014/6, New S.No.965/4 and 977/10, Kothagiri Village, The Nilgiris District, based on his representation dated 17.03.2016. https://hcservices.ecourts.gov.in/hcservices/

3. Heard both sides.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondents 1 and 2 to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the respondents 1 and 2 to consider the representation of the petitioner dated 17.03.2016 and pass orders on the same on merits and in accordance with law, after hearing the petitioner as well as the third respondent and other interested parties, if any. Such exercise shall be done by the respondents 1 and 2, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar mk To 1.The Tahsildar Kothagiri Taluk Kothagiri The Nilgiris District.

2.The Taluk Surveyor Kothagiri Taluk O/o.Taluk Office, Kothagiri The Nilgiris District.

+1 cc to Mr.C.Prakasam Advocate sr 14179 +1 cc to the Govt Pleader sr 14076 W.P.No.3902 of 2018 aa06/03/2018 https://hcservices.ecourts.gov.in/hcservices/