Madras High CourtWP(MD)/4117/2020disposed of

P.Amutha v. The Tahsildar

2020-08-19Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.4117 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.4117 of 2020 P.Amutha ... Petitioner Vs.

The Tahsildar, Thirupparankundram Taluk, Madurai.

... Respondent Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to measure the petitioner's property comprised in R.S.No.45/1, present sub-Division R.S.No.45/1A, Plot No.102 an extent of 8 cents situated in Madurai Government Colony, Nilaiyur 1st Bit Village, South Taluk (at present Thirupparankundram Taluk), Madurai with the help of the Surveyor and to fix the four boundaries within the time stipulated by this Court.

For Petitioner : Mr.Babu Rajendran For Respondent : Mr.R.Sethuraman Special Government Pleader

ORDER

This writ petition is filed to direct the respondent to measure the petitioner's property comprised in R.S.No.45/1, present sub-Division R.S.No.45/1A, Plot No.102, measuring an extent of 8 cents, situated in Madurai Government Colony, Nilaiyur 1st Bit Village, South Taluk (at present Thirupparankundram Taluk), Madurai, with the help of the Surveyor and to fix the four boundaries within the stipulated time.

2.Heard Mr.Babu Rajendran, learned counsel appearing for the petitioner and Mr.R.Sethuraman, learned Special Government Pleader appearing for the respondents.

3.The case of the petitioner is that the property comprised in R.S.No.45/1, at present subdivision R.S.No.45/1A, measuring an extent of 8 cents, originally belonged to one Syed Moideen, who had purchased the said property through a registered sale deed. After the death of the said Syed Moideen, the petitioner has purchased the said property from the legal heirs of the said Syed Moideen. In order to measure the property, the petitioner has submitted her representation on 27.01.2020 to the respondent. Since no action has been taken, the petitioner is before this https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4117 of 2020 Court.

4.The learned Special Government Pleader appearing for the respondent submitted that on verification, it was found that the property in dispute is an unapproved layout.

5.The learned counsel appearing for the petitioner submitted that the petitioner may be permitted to produce the relevant documents before the authority concerned. 6.In view of the submissions made on either side, this Court is inclined to direct the respondent to issue notice to the petitioner to produce the relevant documents within a period of four weeks from the date of receipt of a copy of this order. On receipt of such notice, the petitioner shall produce all the relevant documents as required by the respondent within a period of eight weeks thereafter. On receipt of such documents, the respondent shall consider the same and pass appropriate orders on merits and in accordance with law as expeditiously as possible, by giving notice to any interested party.

7.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(AD-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns 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 Tahsildar, Thirupparankundram Taluk,Madurai.

+1 CC to M/s.BABU RAJENDRAN, Advocate ( SR-14469[F] dated 20/08/2020 ) W.P.(MD)No.4117 of 2020 scr(CO) TR(04.09.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2