Madras High CourtWP(MD)/12329/2020disposed of

Kannan v. The Thasildar

2020-09-23Honourable Mr Justice D. Krishnakumar2 pages

W.P(MD).No.12329 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2020

CORAM

THE HONOURABLE MR. JUSTICE D.KRISHNAKUMAR W.P(MD).No.12329 of 2020 Kannan, S/o.Lakshmanan .. Petitioner Vs.

1. The Tahsildar, Kulathur Taluk, Keeranur Post, Pudukottai District.

2. The Taluk Surveyor, Taluk Office, Kulathur, Pudukottai District.

.. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondent to order to measure the property in S.No.656/33B natham 0.00.50 ares of Keeranur Village, Kulathur Taluk, Pudukottai District, within a time to be fixed by this Court.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.M.Pandiarajan Additional Government Pleader

ORDER

This writ petition has been filed for issuance of Writ of Mandamus, directing the respondent to order to measure the property in S.No.656/33B natham 0.00.50 ares of Keeranur Village, Kulathur Taluk, Pudukottai District, within a time to be fixed by this Court. 2.Heard Mr.P.Ganapathi Subramanian, learned counsel for the petitioner and Mr.M.Pandiarajan, learned Additional Government Pleader, who takes notice for the respondents and by consent of both parties, this writ petition is taken up for final disposal at the admission stage itself.

3.The learned counsel for the petitioner submitted that the petitioner has made an application to the respondents to survey and measure the subject matter of the property and to fix the boundary, on 02.03.2020. But, so far the respondents have not survey the said property as requested by the petitioner. Therefore, the petitioner has filed the present writ petition before this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD).No.12329 of 2020 4.The learned Additional Government Pleader submits that the second respondent will consider the petitioner's application in accordance with law, within the time stipulated by this Court. 5.Considering the limited scope of the prayer sought for in the writ petition and considering the materials available on record, without expressing any opinion on the merits of the case, this Court is inclined to dispose of the writ petition with the following direction.

(i)The second respondent is directed to survey the land and fix the boundary as requested by the petitioner through his application, if there is no other impediment. If there is any objection or rival claim, the second respondent shall conduct an enquiry and to decide the matter and communicate the decision to the parties concerned. (ii)The entire 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 direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) TM 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, Kulathur Taluk, Keeranur Post, Pudukottai District.

2. The Taluk Surveyor, Taluk Office, Kulathur, Pudukottai District.

+1 CC to the SPL GP ( SR-17990[F] dated 24/09/2020 ) W.P(MD).No.12329 of 2020 23.09.2020 SS(CO) CS(01.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2