Madras High CourtWP(MD)/10818/2020disposed of

Rasu Thevar v. The Tahsildar

2020-09-03Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.10818 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.10818 of 2020 Rasu Thevar

...Petitioner

Vs 1.The Tahsildar, Usilampatti Taluk Office, Usilampatti, Madurai District.

2.The Head Surveyor, Taluk Office, Usilampatti Taluk Office, Usilampatti, Madurai 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 four boundaries of petitioner property comprised in S.No 216/11 H measuring an extent of 25 Ares, S.No 216/11 D measuring an extent of 22.5 Ares situated at K.Pothampatti Village, Usilampatti Taluk, Madurai District, by considering petitioner application dated 19.11.2019.

For Petitioner : Mr.V.Malaiyendran For Respondents : Mr.M.Pandiarajan Additional Government Pleader

ORDER

This Writ Petition is filed to direct the respondents to survey and demarcate the four boundaries of the property in S.Nos.216/11H and 216/11D, measuring to an extents of 25 ares and 22.5 ares respectively situated at K.Pothampatti Village, Usilampatti Taluk, Madurai District.

2.By consent of both parties, this Writ Petition is taken up for final hearing at the stage of admission itself. 3.The grievance of the petitioner is that though he made a representation dated 19.11.2019 to the respondents with the relief sought for in the prayer, so far, no action has been taken. Hence, the petitioner is before this Court.

4.In reply, the learned Additional Government Pleader appearing for the respondents would submit that the petitioner's representation dated 19.11.2019, would be considered on merits and in accordance with law, within a time frame to be fixed by this Court.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.10818 of 2020 5.Having regard to the limited scope of the prayer made by the petitioner and in view of the submissions made on either side, this Court, without expressing any opinion on the merits of the petitioner's case, is inclined to pass the following directions:- i) the 1st respondent is directed to consider the petitioner's representation dated 19.11.2019 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as to the rival parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order;

ii) if there is any objection from the rival parties, the 1st respondent is directed to communicate the same to the petitioner; 6.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CSII) // 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, Usilampatti Taluk Office, Usilampatti, Madurai District.

2.The Head Surveyor, Taluk Office, Usilampatti Taluk Office, Usilampatti, Madurai District.

+1 CC to M/s.SPL GP ( SR-15994[F] dated 04/09/2020 ) +1 CC to M/s.V. MALAIYENDRAN, Advocate ( SR-15894[F] dated 04/09/2020 ) W.P.(MD) No.10818 of 2020 03.09.2020 KB(15.09.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2