Madras High CourtWP(MD)/16409/2015disposed of

P.Rajkumar v. The Tahsildar

2015-09-09Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD)No.16409 of 2015 P.RAJKUMAR .. Petitioner Vs.

1. THE TAHSILDAR, ARUPUUKOTTAI TALUK, VIRUDHUNAGAR DISTRICT.

2. THE BLOCK DEVELOPMENT OFFICER, ARUPPUKOTTAI, VIRUDHUNGAR DISTRICT.

3. THE ASSISTANT DIVISIONAL ENGINEER, HIGHWAYS DEPARTMENT, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to survey and sub divide the property lies in Survey No.145/12 of T.Koppuchitthampatti Village, Aruppukottai Taluk, Virudhunagar District based on petitioner's application dated 31.07.2015 and to furnish a report to the petitioner.

For Petitioner : Mr.C.M.Arumugam For Respondents : Mr.S.Kumar Additional Government Pleader

ORDER

This writ petition has been filed for a Writ of Mandamus directing the 1st respondent to survey and sub divide the property lies in Survey No.145/12 of T.Koppuchitthampatti Village, Aruppukottai Taluk, Virudhunagar District based on petitioner's application dated 31.07.2015 and to furnish a report to the petitioner.

2.Though very many contentions have been raised in this writ petition, the learned counsel for the petitioner submitted that if a direction is given to the second respondent to consider the representation of the petitioner dated 31.07.2015, that would suffice. 3.Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents. https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the facts and circumstances of the case, without going

into the merits of the matter, this Court directs the petitioner to give a fresh representation along with a copy of this order, to the first respondent, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the first respondent is directed to consider the representation of the petitioner with regard to survey and sub divide the property lies in Survey No.145/12 of T.Koppuchitthampatti Village, Aruppukottai Taluk, Virudhunagar District, after conducting enquiry by affording opportunity to the petitioner and other necessary parties, if any, and pass appropriate orders on merits and in accordance with law, within a period of four weeks thereafter. It is made clear that this Court has not expressed any opinion about the merits of the case.

5.This writ petition stands disposed of accordingly. No costs. Sd/- Assistant Registrar(Crl.side) /True copy/ Sub Assistant Registrar rj2 To

1. THE TAHSILDAR, ARUPUUKOTTAI TALUK, VIRUDHUNAGAR DISTRICT.

2. THE BLOCK DEVELOPMENT OFFICER, ARUPPUKOTTAI, VIRUDHUNGAR DISTRICT.

3. THE ASSISTANT DIVISIONAL ENGINEER, HIGHWAYS DEPARTMENT, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

+one cc to Mr.C.M.Arumugam, Advocate in SR.NO.52981 +one cc to The Special Government Pleader, SR.No. 53273 W.P.(MD)No.16409 of 2015 09.09.2015 CSL/AAL-MPA//05.10.2015 2p/6c https://hcservices.ecourts.gov.in/hcservices/