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Madras High CourtWP/29640/2017disposed of

R.Parthiban, S/O.Rathinam v. The Tahsildar

2018-10-09Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.29640 of 2017 and WMP.No.31932 of 2017 R.Parthiban ... Petitioner Vs 1.The Tahsildar, Gummidipoondi Taluk, Thiruvallur District.

2.K.Manavalan ... Respondent Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the first respondent to hold enquiry with the second respondent in the presence of the petitioner based on the representation dated 15.07.2015 and 30.08.2017 and to survey and measure the land property in the light of right to provide pathway in favour of petitioner in respect of property admeasuring to situate at Nemalur Colony, Roshanagaram Post, Gummidipoondi Taluk, Tiruvallur District in S.F.No.3A/7C1 measuring 0.05cents S.F.No.3A/5 measuring 0.15 cents and S.F.No.3A/6 measuring 0.14 cents in total 0.34 cents paid Rs.240/- for land survey fees in TTC 9 Challan: F-Line 007510800 AY 00005 at Gummidipoondi Taluk Office. The petitioner had received acknowledgement on 04.07.2017.

For Petitioner : Mr.B.Chandran For R1 : Mr.J.Ramesh, AGP For R2 : Mr.M.Udhaya Bhanu

ORDER

The petitioner has come up with this writ petition to direct the first respondent to hold enquiry with the second respondent and to survey and measure the property in S.F.Nos.3A/7C1, 3A/5 and 3A/6, situated at Nemalur Colony, Roshanagaram Post, Gummidipoondi Taluk, Tiruvallur District, so as to provide pathway in his favour.

2.Though the petitioner sought a larger relief in this writ petition, the learned counsel for the petitioner, during the course of his argument, restricted the same to the extent of directing the first respondent to consider the petitioner's representations dated 15.07.2015 and 30.08.2017 and pass appropriate orders.

3.The learned counsel appearing for the respective respondents have no serious objection in granting such relief to the petitioner.

4.Considering the facts and circumstances of the case and having regard to the submissions made by

the learned counsel on either side, this Court directs the first respondent to consider the petitioner's representations dated 15.07.2015 and 30.08.2017 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner, the second respondent and any other interested parties, within a period of six weeks from the date of receipt of a copy of this order.

5.Accordingly, this writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

09.10.2018 rk Index: Yes/ No To 1.The Tahsildar, Gummidipoondi Taluk, Thiruvallur District.

R.MAHADEVAN, J.

rk W.P.No.29640 of 2017

09.10.2018