Madras High CourtWP(MD)/18774/2015disposed of

Murugan v. The Tahsildar

2015-10-14Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2015

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P.(MD) No.18774 of 2015 Murugan ... Petitioner -vsThe Tahsildar Vadipatti Taluk Madurai District ... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the respondent to consider the petitioner's representation, dated 02.04.2013, for measuring the four boundaries of petitioner's land to the extent 31.50 Hectares of land in Survey No.400 4 and 400 5B at 42 Alanganallur Village, Vadipatti Taluk, Madurai District, within a stipulated period. For Petitioner :

Mr.L.R.Venkatesan For Respondent :

Mr.S.Kumar, A.G.P.

O R D E R

Mr.S.Kumar, learned Additional Government Pleader, takes notice for the respondent. With the consent of both parties, this writ petition is taken up for final hearing at the admission stage itself.

2. The prayer in the writ petition is for issuance of a writ of mandamus to direct the respondent to consider the petitioner's representation, dated 02.04.2013, and measure the four boundaries of his land, comprised in Survey Nos.400/4 and 400/5B of No.42, Alanganallur Village, Vadipatti Taluk, Madurai, measuring about 31.50 Hectares, within a stipulated period.

3. According to the petitioner, he is having an ancestral property of land, comprised in Survey Nos.400/4 and 400/5B of No.42, Alanganallur Village, Vadipatti Taluk, Madurai, measuring about 31.50 Hectares and he is in possession and enjoyment of the said property till date. Further, he has obtained Patta in his name for the said property, vide Patta No.1810. In such circumstances, he submitted a representation, dated 02.04.2013, to the respondent to measure the four boundaries of the said land. Since no action was taken, he has filed this writ petition for the above said relief.

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4. Considering the facts and circumstances, there will be a direction to the petitioner to submit a fresh representation, along with a copy of the earlier representation and other documents in respect of his claim, to the respondent, within a period of one week from the date of receipt of a copy of this Order. On receipt of such representation, the respondent is directed to consider the petitioner's representation, after affording an opportunity of personal hearing to all other necessary parties and pass appropriate orders on merits and in accordance with law, within a period of four weeks thereafter.

5. With the above observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To The Tahsildar Vadipatti Taluk Madurai District +1cc to Mr.K.Gokul, Advocate SR.No.60973 +1cc to The Special Government Pleader, Madurai. SR.No.60964 W.P.(MD) No.18774 of 2015 14.10.2015 krk NS/MP/29.10.2015 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/