Madras High CourtWP(MD)/319/2018disposed of

Muthuraj, v. The Tahsildar

2018-01-09Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.319 of 2018 and W.M.P(MD)No.332 of 2018 Muthuraj ...

Petitioner Vs.

1.The Tahsildar, Ottapidaram Taluk, Ottapidaram, Thoothukudi District.

2.V.Ravindran, Land Supervisor, Office of Suzlon Gujarat Wind Park Limited, C-20, 24th Cross Street, Maharaja Nagar, Tirunelveli.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 1st Respondent to survey the petitioners land situated in S.No.154/B1 at Osanuthu village Ottapidaram Taluk Thoothukudi District and fix the four boundaries.

For Petitioner : Mr.D.Rameshkumar For 1st Respondent : Mr.Aayiram K.Selvakumar, Additional Government Pleader.

ORDER

This writ petition has been filed seeking direction to the first respondent to survey the petitioner's land situated in S.No.154/B1 at Osanuthu village, Ottapidaram Taluk, Thoothukudi District and fix four boundaries.

2.Heard Mr.D.Rameshkumar, learned counsel appearing for the petitioner and Mr.Aayiram K.Selvakumar, learned Additional Government Pleader appearing for the first respondent. Notice to the second respondent is dispensed with in view of the nature of the order to be passed by this Court.

3.According to the petitioner, he has agricultural land to an extent of 2.36.5 ares in S.No.154/B1, at Osanuthu village, Ottapidaram Taluk, Thoothukudi District wherein the petitioner is doing agriculture. While so, the second respondent encroached the https://hcservices.ecourts.gov.in/hcservices/

petitioner's agricultural land by damaging standing paddy crops and put up a construction to erect a windmill adjacent to his land. Therefore, the petitioner has submitted an application before the first respondent seeking to survey the land and fix boundaries. Since no action has been taken so far, the present writ petition has been filed.

4.Considering the facts and circumstances of the case and considering the fact that the petitioner only seeks to measure his land by fixing boundaries, the first respondent is directed to measure the property in question as per the revenue records, within a period of four weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner as well as to the second respondent and to the interested parties, if any. 5.With the above direction, the writ petition is disposed of. No costs. Consequently, W.M.P(MD)No.332 of 2018 is closed. Sd/- Assistant Registrar(CSI) /True Copy/ Sub-Assistant Registrar To The Tahsildar, Ottapidaram Taluk, Ottapidaram, Thoothukudi District.

+One cc to Mr.D.Rameshkumar, Advocate, SR.No.41126 +One cc to The Special Government Pleader, SR.No.41459 sms RL/4C/2P/KKR/SAR1/29/1/2018 Writ Petition (MD) No.319 of 2018 and W.M.P(MD)No.332 of 2018 09.01.2018 https://hcservices.ecourts.gov.in/hcservices/