P.Thangavel v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR P.Thangavel ... Petitioner Vs.

1.The Thasildar, 2.The Taluk Surveyor, 3.The Inspector of Police, Edaiyapatti Police Station, ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the second respondent to survey and mark the boundaries of the property in Survey No.28/1A of Puliyur Natham Village admeasuring 0.30.50 hectares equal to 75 cents by considering the representation of the petitioner dated 25.08.2020.

For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.C.Ramesh, Special Government Pleader

ORDER

This writ petition is filed seeking for a direction to direct the respondents to survey the property in Survey No.28/1A of Puliyur Natham Village admeasuring 0.30.50 hectares equal to 75 cents of the petitioner based on his representation dated 25.08.2020.

2. Mr.C.Ramesh, learned Special Government Pleader takes notice for the respondents. By consent, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.The learned counsel appearing for the petitioner would submit that it is suffice, if a direction is issued to the second respondent to consider the petitioner's representation dated 25.08.2020.

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4.The learned Special Government Pleader appearing for the respondents would submit that the petitioner's representation dated 25.08.2020 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court. 5.In agreement with the submission made by the learned Special Government Pleader, without expressing any opinion on the merits of the case, this Court is inclined to pass the following direction:- (i) The second respondent is directed to consider the petitioner's representation dated 25.08.2020 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner and the rival parties, if any. If there is any objection from the rival parties, the respondent shall conduct the enquiry and communicate the decision to the parties concerned.

(ii) The aforesaid exercise shall be completed within a period of twelve weeks from the date of receipt of 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 // / /2020 Sub Assistant Registrar(CS) DAS 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 Thasildar, 2/3

2.The Taluk Surveyor, 3.The Inspector of Police, Edaiyapatti Police Station, +1 CC to SGP ( SR-16481[F] dated 10/09/2020 ) 09.09.2020 KM (16.09.2020) 3P 5C 3/3