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Madras High CourtWP(MD)/8308/2020disposed of

Sarabu Nisha v. The Tahsildar

2020-09-23Honourable Mr Justice D. Krishnakumar2 pages

W.P(MD)No.8308 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.8308 of 2020 Sarabu Nisha ... Petitioner Vs.

1.The Tahsildar, Taluk Office, Ramanathapuram District.

2.The Head Surveyor, Taluk Office, Ramanathapuram District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the second respondent to measure the land in Survey No.147/25B situated at Puthumadam Village, Puthumadam Group, Velipattinam SubRegistrar, Ramanathapuram District based on the revenue records with the petitioner's application dated 10.06.2020 and submit the report to the first respondent within the time stipulated by this Court. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.C.Ramesh Special Government Pleader

ORDER

The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, directing the second respondent to measure the land in Survey No.147/25B situated at Puthumadam Village, Puthumadam Group, Velipattinam Sub-Registrar, Ramanathapuram District based on the revenue records with the petitioner's application dated 10.06.2020 and submit the report to the first respondent within the time stipulated by this Court.

2.According to the petitioner, she submitted an application dated 10.06.2020 to the respondents to measure the land in Survey No.147/25B situated at Puthumadam Village, Puthumadam Group, Velipattinam Sub-Registrar, Ramanathapuram District. Since no action has been taken on the side of the respondents, the petitioner has filed the present Writ Petition.

3.The learned Special Government Pleader appearing for the respondents submitted that the petitioner's application dated 10.06.2020 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.8308 of 2020 4.In view of the submission made by the learned Special Government Pleader, this Court, without expressing any opinion on the merits of the case, directs the first respondent to consider the application of the petitioner dated 10.06.2020 with regard to survey and fix the boundaries, as claimed in the petitioner's application, after affording due opportunity of hearing to the petitioner and the interested parties, if any. If there is any objection from the rival parties, the first respondent shall conduct enquiry and take final decision and communicate the same to the parties concerned. The aforesaid exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CSII) // True Copy // / /2020 Sub Assistant Registrar(CS) Note:- In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. Ps To 1.The Tahsildar, Taluk Office, Ramanathapuram District.

2.The Head Surveyor, Taluk Office, Ramanathapuram District.

W.P.(MD)No.8308 of 2020 23.09.2020 AC(CO) KB(06.10.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2