Madras High CourtWP(MD)/15124/2019disposed of

A.Balakrishnan, v. The Tahsildar,

2019-07-05Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.15124 of 2019 A.Balakrishnan ... Petitioner -Vs1.The Tahsildar, Sivakasi Taluk, Virudhunagar District.

2.The Taluk Surveyor, Tahsildar Office, Sivakasi, Virudhunagar District.

... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 2nd respondent herein to survey the land in Survey No.43 and 43/A at Viswanatham Village, Sivakasi Taluk, Virudhunagar District by considering the petitioner's representation dated 31.05.2019 by giving notice to the parties concerned within a stipulated time.

For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.C.M.Marichelliah Prabhu, AGP

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the 2nd respondent herein to survey the land in Survey No.43 and 43/A at Viswanatham Village, Sivakasi Taluk, Virudhunagar District by considering the petitioner's representation dated 31.05.2019 by giving notice to the parties concerned within a stipulated time.

2.Heard Mr.M.Jegadeesh Pandian, learned counsel appearing for the petitioner and Mr.C.M.Marichelliah Prabhu, learned Additional Government Pleader appearing for the respondents. 3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.

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4.The petitioner, in order to survey the land and identify the boundaries in Survey No.43 and 43/A at Viswanatham Village, Sivakasi Taluk, Virudhunagar District, made an application with necessary fee to the respondents on 31.05.2019. Hence, the learned counsel appearing for the petitioner submits that if the said representation of the petitioner is directed to be considered on merits by the respondents and an order to that effect shall be passed, within a time frame, the petitioner would be satisfied. 5.I have heard the learned Additional Government Pleader appearing for the respondents, who would submit that, the said request of the petitioner dated 31.05.2019 would be considered by the respondents and an order to that effect would be passed, within a time frame to be stipulated by this Court. 6.Considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following direction:

"The respondents, especially, the 1st respondent is directed to consider the request of the petitioner dated 31.05.2019 and do the needful with regard to his grievance of measuring land and identify the boundaries and pass orders thereon, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order."

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

Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) To 1.The Tahsildar, Sivakasi Taluk, Virudhunagar District. 2.The Taluk Surveyor, Tahsildar Office, Sivakasi, Virudhunagar District.

+One cc to The Special Government Pleader, SR.No.73917 +One cc to Mr.M.Jegadeesh Pandian, Advocate, SR.No.73748 Order made in W.P.(MD)No.15124 of 2019 Dated : 05.07.2019 RL/17.07.2019/2P/5C https://hcservices.ecourts.gov.in/hcservices/