Madras High CourtWP(MD)/14770/2019disposed of

P.Kanimozhi, v. The Thasildar,

2019-07-03Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.14770 of 2019 P.Kanimozhi ... Petitioner -Vs1.The Tahsildar, Vadipatti Taluk, Madurai District.

2.The Firka Surveyor, Vadipatti Taluk, Madurai District.

... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to survey the petitioner's land in Survey No.246/1 and Patta No.2171, situated at Mullipallam Revenue Village, Vadipatti Taluk, Madurai District, within a time stipulated by this Court. For Petitioner : Mr.K.K.Samy For Respondents : Mr.MMurugan, G.A.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondents to survey the petitioner's land in Survey No.246/1 and Patta No.2171, situated at Mullipallam Revenue Village, Vadipatti Taluk, Madurai District, within a time stipulated by this Court.

2.Heard Mr.K.K.Samy, learned counsel appearing for the petitioner and Mr.M.Murugan, learned Government Advocate appearing for the respondents.

3.The petitioner, in order to survey his land in Survey No.246/1 and Patta No.2171, situated at Mullipallam Revenue Village, Vadipatti Taluk, Madurai District, has given a representation on 06.06.2019 to the 1st respondent and the learned counsel appearing for the petitioner wants that, if the said representation is directed to be considered and an order to that effect is passed by the respondents, especially, the 1st respondent, within a time frame to be stipulated by this Court, the petitioner would be satisfied https://hcservices.ecourts.gov.in/hcservices/

4.I have heard the learned Government Advocate appearing for the respondents, who would submit that, there seems to be some objection by a third party and at any rate, after hearing the petitioner as well as the third party, who makes some claim in the subject land, needful would be done by the 1st respondent, within a period of 12 weeks.

5.Considering the said submission made by both sides and taking into account the factual matrix of the case, with the consent of both the parties, this Court is inclined to dispose of this writ petition, at the admission stage itself, with the following direction:

"The 1st respondent is directed to consider the representation of the petitioner dated 06.06.2019 and pass orders thereon, on merits and in accordance with law, of course, after hearing both the petitioner as well as the third party claimant, who made already objection against the petitioner and such final order shall be passed, within a period of twelve weeks from the date of receipt of a copy of this order."

6.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar To 1.The Tahsildar, Vadipatti Taluk, Madurai District.

2.The Firka Surveyor, Vadipatti Taluk, Madurai District.

+1 CC to M/s.K.K.SAMY, Advocate ( SR-73044[F] dated 03/07/2019 ) Order made in W.P.(MD)No.14770 of 2019 Dated:

03.07.2019 ARUL JM/02.08.2019/2P-4C https://hcservices.ecourts.gov.in/hcservices/