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Madras High CourtWP(MD)/17163/2015disposed of

Muthupandi Thevar, v. The Tahsildar

2015-09-22Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.17163 of 2015 Muthupandi Thevar ...Petitioner Vs.

1.The Tahsildar, Tahsildar Office, Nanguneri Taluk, Tirunelveli District.

2.The Taluk Surveyor, Survey Department, Nanguneri Taluk, Tirunelveli District. ...Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the second respondent herein to measure the property in Survey No.2645/3, 2649/1, 2702/3A, 2959/2B and 2959/3A in Patta No.612 of Vijayanarayanam Part-I Village, Tirunelveli District, within the time frame stipulated by this Court.

For petitioner : Mr.J.C.Rathinavel Pandian For Respondents : Mr.S.Kumar, Additional Government Pleader

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the second respondent herein to measure the property in Survey Nos.2645/3, 2649/1, 2702/3A, 2959/2B and 2959/3A in Patta No.612 of Vijayanarayanam Part-I Village, Tirunelveli District, within a stipulated time.

2. Mr.S.Kumar, learned Additional Government Pleader takes notice for the respondents.

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

4.It is averred in the petition that the properties in Survey Nos.2645/3, 2649/1, 2702/3A, 2959/2B and 2959/3A in Patta No.612 of Vijayanarayanam Part-I Village, Tirunelveli District, are the ancestral properties of the petitioner and the patta also stands in the petitioner's name vide patta No.612. While the matter stood https://hcservices.ecourts.gov.in/hcservices/

thus, on 10.03.2015, the petitioner gave a petition to the second respondent to measure the above said property and he has also paid the necessary fees for measuring the land. But no action was taken by the second respondents to measure the land. Hence, the petitioner has made a representation before the respondents on 26.08.2015 to measure the land. Even thereafter there was no action on the part of the respondents. Hence, the petitioner 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 Writ Petition, this Court directs the second respondent to consider the representation of the petitioner, dated 26.08.2015 and pass appropriate orders with regard to measurement of the land, which belongs to the petitioner, within a period of four weeks from the date of receipt of a copy of this order, by affording an opportunity of hearing to all the necessary parties. It is made clear that this Court has not expressed any opinion on merits of the claim made by the petitioner and it is for the second respondent to consider the same purely on merits.

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

Sd/- Assistant Registrar(AS) /True Copy/ Sub-Assistant Registrar To 1.The Tahsildar, Tahsildar Office, Nanguneri Taluk, Tirunelveli District.

2.The Taluk Surveyor, Survey Department, Nanguneri Taluk, Tirunelveli District.

+One cc to Mr.J.C.Rathnavel Pandian, Advocate, SR.No.56000 +One cc to The Special Government Pleader, SR.No.56136 pm RL/5 c- 7/10/2015 W.P(MD).No.17163 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 22.09.2015