Manoj @ Manoj Murugesan v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.05.2018

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.10566 of 2018 Manoj @ Manoj Murugesan ... Petitioner Vs.

1. The Tahsildar, Tirumangalam Tahsildar Office, Tirumangalam, Madurai District.

2. The Head Surveyor, Tirumangalam Tahsildar Office, Tirumangalam, Madurai District. ... Respondents PRAYER: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to measure the petitioner's land in Survey No.39/2A situated at Renga Englave, Karadikkal Village, Checkanoorani, Madurai District based on the revenue records with the petitioner's application, dated 19.03.2018 and submitting report to the first respondent within a stipulated time fixed by this Court. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.Aayiram K.Selvakumar, Additional Government Pleader.

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O R D E R

This Writ petition is filed for issuance of a Writ of Mandamus, directing the second respondent to measure the petitioner's land in Survey No.39/2A situated at Renga Englave, Karadikkal Village, Checkanoorani, Madurai District, based on the revenue records with the petitioner's application, dated 19.03.2018 and submit report to the first respondent within a stipulated time fixed by this Court.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

3. Mr.Aayiram K.Selvakumar, learned Additional Government Pleader, takes notice for the respondents. By consent, the Writ petition itself is taken up for final disposal. https://hcservices.ecourts.gov.in/hcservices/

4. Though the Writ petition is for issuing a positive direction to the respondents, the learned counsel appearing for the petitioner states that the petitioner will be satisfied if a direction is issued to the respondents to consider the representation of the petitioner, dated 19.03.2018.

5. Having regard to the limited scope of the prayer that is now sought before this Court by the learned counsel for the Writ petitioner, without expressing any opinion on the merits of the petitioner's representation, this Court is inclined to issue the following direction:- "The respondents are directed to consider the representation of the petitioner, dated 19.03.2018, after hearing and giving sufficient opportunity to the petitioner as well as to the owners of the neighbouring land and pass appropriate orders on merits and in accordance with law within a period of three months from the date of receipt of a copy of this order."

6. Accordingly, the Writ petition is disposed of. No costs. Sd/- Vacation Officer /True Copy/ Sub Assistant Registrar To

1. The Tahsildar, Tirumangalam Tahsildar Office, Tirumangalam, Madurai District.

2. The Head Surveyor, Tirumangalam Tahsildar Office, Tirumangalam, Madurai District.

+1CC to Mr.D.S.Haroon Rasheed ,Advocate in SR.No.65068, +1CC to Special Government Pleader in SR.No.65162. PMU DS/RSK/SAR-4 :09.05.2018: 2P/5C ORDER MADE IN W.P.(MD).No.10566 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 03.05.2018