M.Senthivel v. The Thasildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :16.10.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.19020 of 2015 M.Senthivel ...Petitioner Vs.

The Thasildar, Madurai South Taluk, MaduraiDistrict. ...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 consider the petitioner's representation, dated 06.07.2015 seeking the respondent to survey the land owned by the petitioner in Survey No.57/5 and 57/6 situated in Viraganur Village, Madurai District. For petitioner : Mr.N.Anandakumar For Respondent : Mr.M.Murugan, Government Advocate

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the respondent to consider the petitioner's representation, dated 06.07.2015 to survey the land owned by the petitioner in Survey Nos.57/5 and 57/6 situated in Viraganur Village, Madurai District.

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. In the affidavit it has been averred that the petitioner belongs to agricultural family and the father of the petitioner had purchased a land in Survey No.57 measuring to an extent of 5 3⁄4 cents in the year 1979 through a registered sale deed. Thereafter, sub-division was made in Survey No.57 and the land purchased by the petitioner's father was provided with survey No.57/6. Thereafter, an exchange deed was executed between the petitioner's father and Sri Brammahathi Theertha Iyer Karuppanasamy Temple Trust represented by its Managing Trustees and in which, a portion of the land in Survey No.57/6 was exchanged to the above said temple and in turn, the said temple exchanged the land owned by the temple measuring to an extent of 588 sq. ft. in Survey No.57/5 to the petitioner's father.

After the demise of the petitioner's father, the petitioner intended to construct a house in the above said land. Hence, the petitioner had made a representation to the respondent on 06.07.2015 requesting to survey his land. Since the same was not considered so far, the petitioner has come forward with the present Writ Petition for the above stated relief.

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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 respondent to consider the representation of the petitioner, dated 06.07.2015, and pass appropriate order with regard to survey of the land owned by the petitioner in Survey No.57/5 and 57/6 situated at Viraganur Villalge, Madurai District, by affording an opportunity of hearing to all the necessary parties, within a period of six 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/- Assistant Registrar (Writ ) /TURE COPY/ Sub Assistant Registrar pm To The Thasildar, Madurai South Taluk, Madurai District.

+1 CC to M/S.SPL.GOVT.PLEADER, SR NO: 62113 +1 cc to MR.N.ANANDA KUMAR, ADVOCATE, SR NO: 62208 JAM /28.10.2015/SKS-RR /2P-4C W.P(MD).No.19020 of 2015 16.10.2015 https://hcservices.ecourts.gov.in/hcservices/