Amirthalingam.T v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH T.Amirthalingam.
... Petitioner Vs.
1.The Tahsildar, Tiruchendur Taluk, Thoothukudi District.
2.The Taluk Surveyor, Taluk Office, Tiruchendur Taluk, Thoothukudi District.
3.The Inspector of Police, Meignanapuram Police Station, Thoothukudi District.
... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, to direct the respondents 1 and 2 to survey and demarcate the petitioner's properties comprised in Survey Nos. 163/1B and 164/1, situated at Semmarikulam Village, Tiruchendur Taluk, Thoothukudi District, based on the petitioner's representation, dated 09.03.2021, submitted to the respondents, within the time frame that may be fixed by this Court.
For Petitioner : Mr.S.Mandhiralingeswaran For Respondents : Mr.R.Suresh Kumar Government Advocate
ORDER
This writ petition has been filed for the issuance of a writ of Mandamus directing the first and second respondents to consider the representation made by the petitioner, on 09.03.2021, wherein, the petitioner has sought for the survey and demarcation of the subject property, within the time limit fixed by this Court. 1/3
2.The case of the petitioner is that he is the owner of the subject property by virtue of a registered sale deed, dated 16.07.1986. The petitioner made an application before the respondents and also paid the necessary fees in order to survey and demarcate the property. Since the same was not acted upon, the present writ petition has been filed before this Court seeking for appropriate directions.
3.Heard Mr.S.Mandhiralingeswaran, learned counsel appearing for the petitioner and Mr.R.Suresh Kumar, learned Government Advocate, appearing for the respondents.
4.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the first and second respondents to consider the representation made by the petitioner, on 09.03.2021 on its own merits and in accordance with law and take a decision with regard to the survey and demarcation, within a period of four weeks from the date of receipt of a copy of this order. If the first and second respondents find that if there are any other interested parties, notice shall also be issued to them before undertaking the survey.
5.The petitioner is directed to make a fresh representation to the first and second respondents along with all relevant documents and also a copy of this order.
6.This writ petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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. 2/3
To 1.The Tahsildar, Tiruchendur Taluk, Thoothukudi District.
2.The Taluk Surveyor, Taluk Office, Tiruchendur Taluk, Thoothukudi District.
3.The Inspector of Police, Meignanapuram Police Station, Thoothukudi District.
+1 CC to SPL GP ( SR-19935[F] dated 22/06/2021 ) 21.06.2021 KM(30.06.2021) 3P 5C 3/3