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Madras High CourtWP(MD)/16642/2015disposed of

K.Patchamal Thevar v. The Tahsildar,

2015-09-14Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.16642 of 2015 K.Patchamal Thevar ...Petitioner Vs.

The Thasildar, Kamuthi Taluk Office, Kamuthu Taluk, Ramanathapuram District. ...Respondent This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondent to measure the land and fix the four boundaries in Survey No.137/2B, with an extent of 0.22.5 ares in Karunkulam Village, Pakkuvetti Group, Ramanathapuram District, based on the petitioner's application, dated 13.08.2015 to the respondent within the time stipulated by this Court.

For petitioner : Mr.B.Sukumar For Respondent : Mr.M.Murugan, Government Advocate

ORDER

This Writ Petition has been filed praying for a Writ of Mandamus directing the respondent to measure the land and fix the four boundaries in Survey No.137/2B, to an extent of 0.22.5 ares in Karunkulam Village, Pakkuvetti Group, Ramanathapuram District, based on the petitioner's application, dated 13.08.2015, within a stipulated time.

2. Mr.M.Murugan, learned Government Advocate takes notice for the respondent.

3. By consent, the Writ Petition itself is taken up for final disposal.

4. It is averred in the petition that the petitioner is residing in Door No.175, Karunkulam, Kamuthu Taluk, Ramanathapuram District. The petitioner had purchased the property situated in Survey No.137/2B measuring to an extent of 0.22.05 ares in Karunkulam Village, Pakkuvetti Group, Ramanathapuram District on 17.08.2012 and the same was registered at Kamuthi Sub-Registrar Office as Document No.1136/2012. The petitioner also got a patta in his favour. Due to financial crisis, now the petitioner wants to sell the above said property. Hence, the petitioner made an application before the respondent to survey and measure the above said property and he has also paid the necessary fee for that purpose. Since there was no action, once again the petitioner made an application before the respondent on 13.08.2015 along with payment receipt. Even thereafter, the request of the petitioner was not considered. Hence, he https://hcservices.ecourts.gov.in/hcservices/

has come forward with the present Writ Petition for the above stated relief.

5. Considering the submissions made by the learned counsel for the petitioner, without going into the merits of the averments made in the petition, the respondent is directed to consider the application of the petitioner, dated 13.08.2015 with regard to measurement of the land belongs to the petitioner and pass appropriate orders on merits and in accordance with law, by affording an opportunity of hearing to all the necessary parties within a period of four weeks from the date of receipt of a copy of this order.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- The Assistant Registrar(record) /True copy/ Sub-Assistant Registrar To The Thasildar, Kamuthi Taluk Office, Kamuthu Taluk, Ramanathapuram District.

+1cc to M/s.B.Sukumar, Advocate SR.No.54223/15 +1cc to special Government Pleader SR.No.54342/15 pm sm:AN-MP:29.09.2015:2P/4c W.P(MD).No.16642 of 2015 14.09.2015 https://hcservices.ecourts.gov.in/hcservices/