Madras High CourtWP(MD)/12107/2019disposed of

A.Kulanthairaj, v. The Tahsildar,

2019-05-15Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.05.2019

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU W.P(MD)No.12107 of 2019 A. Kulanthairaj .. Petitioner Vs.

1.The Tahsildar, Kodaikanal Taluk, Kodaikanal, Dindigul District.

2.The Taluk Surveyor, Kodaikanal Taluk, Dindigul District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to survey and to earmark the four boundaries the petitioner's property situated in S.No.1046/8AIA situated at Vilpatti Village, Kodaikanal Taluk, Dindigul District as per the petitioner's gift settlement deed and revenue records on the basis of the petitioner's representation dated 09.04.2019. For Petitioner : Mr.S. Mahendrapathy For Respondent/s : Mrs.J.Padmavathi Devi Special Government Pleader.

ORDER

This writ petition has been filed by the petitioner for issuance of a Writ of Mandamus directing the respondents to survey and earmark the four boundaries of the petitioner's property in S.No.1046/8AIA situated at Vilpatti Village, Kodaikanal Taluk, Dindigul District, as per his gift settlement deed and revenue records, within the stipulated time as fixed by this Court.

2. Mrs. J. Padmavathi Devi, learned Special Government Pleader takes notices for the respondents.

3. By consent of both the parties, this writ petition is taken up for final hearing at the stage of admission itself.

4. The case of the petitioner is that the property in S.No.1046 / 8AIA to an extent of 54 Cents was gifted by his sisters and brothers to him by way of registered gift settlement deed dated 04.04.2019. Since the petitioner has been in possession from the date of purchase, he sent a representation dated 09.04.2019 to the https://hcservices.ecourts.gov.in/hcservices/

respondents to survey and earmark the four boundaries of the property. As the same has not been considered so far, the petitioner has come up with this writ petition.

5. Heard the learned counsel appearing on either side.

6. The learned counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner dated 09.04.2019 is directed to be disposed of by the respondents as per law.

7. Considering the limited scope of the relief now sought for by the learned counsel for the petitioner, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the representation of the petitioner dated 09.04.2019, and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as other interested parties, if any, within a period of four weeks from the date of receipt of a copy of this order.

8. The writ petition is disposed of as above. No costs. Sd/- Vacation Officer // True Copy // Sub Assistant Registrar(CS) To 1.The Tahsildar, Kodaikanal Taluk, Kodaikanal, Dindigul District.

2.The Taluk Surveyor, Kodaikanal Taluk, Dindigul District.

+1cc to Mr.S.MAHENDRAPATHY, Advocate, SR.No.66052 W.P(MD)No.12107 of 2019 15.05.2019 TRP/VSD KK/SAR/24.05.2019/ 2P- 4C https://hcservices.ecourts.gov.in/hcservices/