Irudayaraj v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Irudayaraj ... Petitioner Vs.

1.The Tahsildar, Manapparai-621 306.

2.The Taluk Surveyor, Manapparai, ... Respondents PRAYER:

Writ Petitions filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to measure the petitioner's property in Survey No.612/9 of Nallampillai Village, Manapparai Taluk, Tiruchirappalli District, based on the petitioner's representation dated 21.11.2019. For Petitioner : Mr.T.M.Madasamy For Respondents : Mr.P.Kannidevan Additional Government Pleader

ORDER

This Writ Petition is filed to direct the respondents to measure the petitioner's property in Survey No.612/9 of Nallampillai Village, Manapparai Taluk, Tiruchirappalli District, based on the petitioner's representation dated 21.11.2019. 2.Heard Mr.T.M.Madasamy, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondents.

3.The case of the petitioner is that originally the property in Survey No.612 /9 measuring an extent of 0.0054 Hectares, belonged to the petitioner's father and after the death of his father, the petitioner is in possession and enjoying the same. In such 1/3

circumstances, the petitioner made a representation dated 21.11.2019 to the first respondent to measure the property and to fix the boundaries. Since no action has been taken, the petitioner is before this Court.

4.The learned Additional Government Pleader appearing for the respondents submitted that the petitioner's representation dated 21.11.2019 will be considered and appropriate orders will be passed in accordance with law.

5.Considering the submissions made on either side, this Court, without expressing any opinion on the merits of the case, is inclined to pass the following orders:

(i)The first respondent, viz., The Tahsildar, Manapparai, shall consider the petitioner's representation dated 21.11.2019 to measure the petition mentioned property as claimed by the petitioner in the representation, in accordance with law, after providing opportunity to any interested parties.

(ii)If any objection is made, the first respondent shall enquiry and communicate the decision to the parties concerned. (iii)The said exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. 6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) Ns 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, Manapparai-621 306.

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2.The Taluk Surveyor, Manapparai, W.P.(MD)No11132 of 2020 08.09.2020 VB (18.09.2020) 3P 3C 3/3