Madras High CourtWP(MD)/10358/2020disposed of

Saravanan v. The Tahsildar

2020-08-28Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.10358 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :28.08.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.10358 of 2020 Saravanan

...Petitioner

Vs 1.The Tahsildar, Bodinayakkanur Taluk, Bodinayakkanur, Theni District.

2.The Firka Surveyor, Revenue Village, Bodinayakkanur, Bodinayakkanur Taluk, Theni District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to survey the petitioner's land in Old Survey No.126 and New Survey No.126/3A in bearing New Patta No.257 situated at Manappatti Village, Bodinayakkanur Taluk, Theni District, on the basis of the representation dated 03.01.2020.

For Petitioner : Mr.P.Banuprasath For Respondents : Mr.C.Ramesh Special Government Pleader

ORDER

This Writ Petition is filed to direct the respondents to survey the land in New S.No.126/3A (Old S.No.126) bearing New Patta No.257 situated at Manappatti Village, Bodinayakkanur Taluk, Theni District.

2.By consent of both parties, this Writ petition is taken up for final disposal at the state of admission itself. 3.According to the petitioner, with the relief sought for in the prayer, he made a representation dated 03.01.2020 before the respondents. However, no action has been taken. Hence, the present writ petition.

4.In reply, the learned Special Government Pleader appearing for the respondents would submit that the petitioner's representation dated 03.01.2020, would be considered on merits and in accordance with https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.10358 of 2020 law, within a time frame to be fixed by this Court. 5.Having regard to the limited scope of the prayer made by the petitioner and the submissions made on either side, this Court, without expressing any opinion on the merits of the case, is inclined to pass the following directions:- i) the respondents are directed to consider the petitioner's representation dated 03.01.2020 and pass appropriate orders on merits and in accordance with law;

ii) if there is any difficulty for the respondents to survey the petition mentioned property, the respondents are directed to communicate the same to the petitioner;

iii) the aforesaid exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order; 6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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.

To 1.The Tahsildar, Bodinayakkanur Taluk, Bodinayakkanur, Theni District.

2.The Firka Surveyor, Revenue Village, Bodinayakkanur, Bodinayakkanur Taluk, Theni District.

+1 CC to M/s.P. BANUPRASATH, Advocate ( SR-15334[F] dated 31/08/2020) +1 CC to M/s.GP ( SR-15442[F] dated 31/08/2020 ) W.P.(MD) No.10358 of 2020 28.08.2020 KK(09.09.2020) 2 P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2