Madras High CourtWP(MD)/17250/2015disposed of

S.Puthurajan v. The Tahsildar

2015-09-23Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.17250 of 2015 S.Puthurajan ... Petitioner Vs.

1. The Thasildar, Andipatti Taluk, Andipatti Post, Theni District.

2. The Taluk Surveyor, Taluk Office, Andipatti Taluk, Theni District.

...Respondents

This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the respondents herein to survey the petitioner's land in S.No.427/1A and new S.No.2479 measuring to an extent of 60 3⁄4 X 22 7/8(3.15 cents) in T.Subbalapuram, Thimmarasanayakkanoor Village, Andipatti Taluk, Theni District in accordance with law.

For petitioner : Mr.M.Karuppasamy Pandian For Respondents : Mr.S.Kumar, Additional Government Pleader

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the respondents herein to survey the petitioner's land in S.No.427/1A and new S.No.2479 measuring to an extent of 60 3⁄4 X 22 7/8 (3.15 cents) situated at T.Subbalapuram, Thimmarasanayakkanoor Village, Andipatti Taluk, Theni District in accordance with law.

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.

https://hcservices.ecourts.gov.in/hcservices/ 4.Though very many contentions have been raised in the Writ Petition,

at the time of making submissions, the learned counsel for the petitioner submitted that if a direction is given to the first respondent to consider the application of the petitioner, dated 04.09.2015, by issuing notice to his brother, that would suffice.

5. In view of the same, without going into merits of the claim made by the petitioner, this Court directs the first respondent to consider the application of the petitioner, dated 04.09.2015 by issuing notice to the petitioner's brother and other necessary parties if any and conduct enquiry and pass appropriate orders with regard to survey of the land situated in S.No.427/1A and new S.No.2479 situated at T.Subbalapuram, Thimmarasanayakkanoor Village, Andipatti Taluk, Theni District, within a period of six weeks thereafter. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioner and it is for the first respondent to consider the same purely on merits. The petitioner is also directed to furnish the particulars about his brother and other necessary parties to the first respondent to enable the first respondent to issue notice to them.

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

Sd/ Assistant Registrar (AS) /TRUE COPY/ Sub Assistant Registrar To 1.The Thasildar, Andipatti Taluk, Andipatti Post, Theni District.

2.The Taluk Surveyor, Taluk Office, Andipatti Taluk, Theni District.

+1 cc to Spl. Government Pleader SR No.56685 pm 2P/4C SH:JGB:09.10.2015 W.P(MD).No.17250 of 2015 23.09.2015 https://hcservices.ecourts.gov.in/hcservices/