Vigneshkumar v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Vigneshkumar, S/o.Dhanasekaran ... Petitioner Vs.

1.The Tahsildar, Madurai South Taluk, Madurai District.

2.The Surveyor, Iravadanallur, Madurai South Taluk, Madurai.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents to survey the petitioner's property bearing (T.S.No.21) New T.S.No.21/1, an extent of 2 cents and T.S.No.28, New T.S.No.2901/1, an extent of 6 1⁄4 cents in Corporation Ward No.37, Survey Ward No.1, Block No.1 of Iravadanallur Village of Madurai South Taluk, Madurai District, by considering the petitioner's representation dated 03.12.2019, within the period as stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For Respondents : Mr.V.Anand Government Advocate

ORDER

The prayer in this Writ Petition is for a Writ of Mandamus, directing the respondents to survey the petitioner's property bearing (T.S.No.21) New T.S.No.21/1, an extent of 2 cents and T.S.No.28, New T.S.No.2901/1, an extent of 6 1⁄4 cents in Corporation Ward No.37, Survey Ward No.1, Block No.1 of Iravadanallur Village of Madurai South Taluk, Madurai District, by considering the petitioner's representation dated 03.12.2019, within a time frame to be fixed by this Hon'ble Court. 1/3

2.Heard Mr.A.Haja Mohideen, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.

3.The petitioner, in order to survey and identify the boundaries of the lands in (T.S.No.21) New T.S.No.21/1, an extent of 2 cents and T.S.No.28, New T.S.No.2901/1, an extent of 6 1⁄4 cents in Corporation Ward No.37, Survey Ward No.1, Block No.1 of Iravadanallur Village of Madurai South Taluk, Madurai District, had made a representation to the first respondent on 03.12.2019 and hence, the learned counsel appearing for the petitioner submits that, if the said representation is decided by the respondents and a decision is taken thereon, within a time frame to be stipulated by this Court, the petitioner would be satisfied. 4.The learned Government Advocate appearing for the respondents submits that, the representation of the petitioner, dated 03.12.2019, would be considered by the first respondent and an order to that effect would be passed thereon, on merits and in accordance with law, within a time frame to be fixed by this Court.

5.Considering the limited prayer sought for in this Writ Petition, with the consent of both sides, this Court is inclined to dispose of the Writ Petition, at the stage of admission itself, with the following direction:- The first respondent is hereby directed to consider the representation of the petitioner dated 03.12.2019, after providing an opportunity to the parties concerned if necessary, and pass orders thereon, on merits and in accordance with law, within a period of 12 weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) smn2 2/3

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To 1.The Tahsildar, Madurai South Taluk, Madurai District.

2.The Surveyor, Iravadanallur, Madurai South Taluk, Madurai.

10.07.2020 SPU(17.07.2020) 3P 3C 3/3