S.Arulanthu, v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD)No.12578 of 2018 S.Arulanthu : Petitioner Vs.

1. The Tahsildhar, Ilayangudi Taluk, Sivagangai District.

2. The Taluk Deputy Surveyor, Ilayangudi Taluk, Sivagangai District.

: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 21.05.2018 to measure the land in Survey No.555/2 to the extent of 2 Cents situated in Thokkanenthal Village, Vallakulam Village Group, Ilayangudi Taluk, Sivagangai District.

For Petitioner : Mr.V.Kannan For Respondents : Mr.J.Gunaseelan Muthaiah, Additional Government Pleader ******

ORDER

The petitioner has come up before this Court for a direction, directing the first respondent/Tahsildar, Ilayangudi Taluk, Sivagangai District, to dispose of his representation dated 21.05.2018 made for the purpose of measuring his land in Survey No.555/2 to the extent of 2 Cents situated in Thokkanenthal Village, Vallakulam Village Group, Ilayangudi Taluk, Sivagangai District.

2. The learned Additional Government Pleader appearing for the respondents would submit that the first respondent has ordered survey of the subject land on five occasions, three times to the https://hcservices.ecourts.gov.in/hcservices/

Town Surveyor and two times to the District Surveyor. Because of the subsisting litigation between the petitioner and his neighbour, they could not do anything. Therefore, the disposal of the representation will not yield any result.

3. I have considered the submissions of the learned Additional Government Pleader appearing for the respondents.

4. The limited prayer of disposal of the representation does not mean that the first respondent shall go and measure and then pass orders. The first respondent is entitled to record the above reasons and dispose of the representation. Therefore, a direction is issued to the first respondent to consider and dispose of the representation of the petitioner dated 21.05.2018 on merits and in accordance with law setting out the reasons adduced before this Court, within a period of four weeks from the date of receipt of a copy of this order.

5. The Writ Petition stands disposed of in the above terms. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To

1. The Tahsildhar, Ilayangudi Taluk, Sivagangai District.

2. The Taluk Deputy Surveyor, Ilayangudi Taluk, Sivagangai District.

+ 1 cc TO Mr.V.Kannan , Advocate in SR No. 68274 + 1 cc TO The Special Government Pleader in SR No. 68253 SML AE/SV MMS/SAR1/27.06.2018/2P/5C Order made in W.P.(MD)No.12578 of 2018 Dated: 13.06.2018 https://hcservices.ecourts.gov.in/hcservices/