Madras High CourtWP(MD)/2964/2022disposed of

Prabu .M v. The Tahsildar

2022-02-15Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.2964 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.2964 of 2022 M.Prabu ... Petitioner /Vs./ The Thasildar, Athoor Taluk, Athoor, Dindigul.

... Respondent P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the Respondent to measure the properties comprising in S.No.1142/6 an extent of 0.15.0 Ares (37 cents) and 1142/7 an extent of 0.06.50 Ares (16 cents) totally an extent of 0.21.50 Ares (53 cents) situated in Ayyampalayam Village, Athoor Taluk, Dindigul District after due notice in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.Babu Rajendran For Respondent : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus, seeking for a direction to the respondent to measure the properties comprising in S.No.1142/6 an extent of 0.15.0 Ares (37 cents) and 1142/7 an extent of 0.06.50 Ares (16 cents) totally an extent of 0.21.50 Ares (53 cents) situated in Ayyampalayam Village, Athoor Taluk, Dindigul District within the timeframe to be fixed by this Court. 2.According to the petitioner, he is the owner of the aforementioned properties. He has submitted an application on 18.11.2021 requesting the respondent to measure his land and mark the boundaries. Since the application has not been considered till date, this writ petition has been filed.

3.Heard Mr.Babu Rajendran, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondent. 4.The learned Additional Government Pleader for the respondent would submit that it is better that the petitioner gives a fresh representation. He would also submit that once representation is considered, the respondent shall measure the lands and demarcate the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.2964 of 2022 property, after giving notice to the petitioner as well as any other rival claimants and submit a report accordingly. The said statement is recorded.

5.Accordingly, this Court directs the respondent to measure the properties comprised in S.No.1142/6 an extent of 0.15.0 Ares (37 cents) and 1142/7 an extent of 0.06.50 Ares (16 cents) totally an extent of 0.21.50 Ares (53 cents) situated in Ayyampalayam Village, Athoor Taluk, Dindigul District, demarcate the boundaries and submit a report, within a period of twelve [12] weeks from the date of receipt of a copy of this order. Before measuring the lands and demarcating the boundaries, the respondent shall issue notice to the petitioner as well as any other rival claimants for the very same property.

6.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) sm NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

The Thasildar, Athoor Taluk, Athoor, Dindigul.

+1 CC to M/s.BABU RAJENDRAN, Advocate ( SR-6150[F] dated 15/02/2022 ) +1 CC to M/s.SPL GP ( SR-6522[F] dated 16/02/2022 ) W.P.[MD]No.2964 of 2022 15.02.2022 MGJ(02.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2