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Madras High CourtWP(MD)/10293/2020disposed of

P.S. Rengaraj v. The Tahsildar

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

W.P.(MD) No.10293 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.10293 of 2020 P.S.Rengaraj

...Petitioner

Vs 1.The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

2.The Taluk Surveyor, Thiruvengadam Taluk, Tenkasi 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 and demarcate the petitioner's property in Survey No. 1397/10A measuring 12 1⁄4 cents in Thiruvengadam Village, Thiruvengadam Taluk, Tenkasi District.

For Petitioner : Mr.R.J.Karthick For Respondents : Mr.C.Ramesh Special Government Pleader

ORDER

This Writ Petition is filed to direct the respondents to survey and demarcate the property in S.No.1397/10A, measuring to an extent of 121⁄4 cents, situated at Thiruvengadam Village, Thiruvengadam Taluk, Tenkasi 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 23.09.2019 before the respondents and for the same relief, again he made a reminder on 12.02.2020. But, 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 23.09.2019, would be considered on merits and in accordance with 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.10293 of 2020 inclined to pass the following directions:- i) the respondents are directed to consider the petitioner's representation dated 23.09.2019 to survey and demarcate the petition mentioned property, after affording opportunities to the parties interested, if any, and pass appropriate orders on merits and in accordance with rules;

ii) if there is any difficulty for the respondents to survey and demarcate 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 (RECORDS) // 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, Thiruvengadam Taluk, Tenkasi District.

2.The Taluk Surveyor, Thiruvengadam Taluk, Tenkasi District.

+1 CC to SGP ( SR-15443[F] dated 31/08/2020 ) W.P.(MD) No.10293 of 2020 28.08.2020 KM (09.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2