Madras High CourtWP(MD)/11517/2020disposed of

Kalyanasundaram v. The Tahsildar

2020-09-14Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.11517 of 2020 Kalyanasundaram

...Petitioner

Vs 1.The Tahsildar, 2.The Firka Surveyor,

...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 land comprised in Patta No.899, in Survey No.126/3A, an extent of 0.6.00 ares, situated in Ettimangalam Village, Melur Taluk, Madurai District, based on the representation dated 24.08.2020 submitted to the respondents. For Petitioner : Mr.R.Murugan For Respondents : Mr.C.Ramesh Special Government Pleader

ORDER

This Writ Petition is filed to direct the respondents to survey and demarcate the land S.No.126/3A, measuring to an extent of 0.6.00 ares, situated in Ettimangalam Village, Melur Taluk, 2.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 though the petitioner made a representation dated 24.08.2020 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 for the relief stated supra. 1/3

4.In reply, the learned Special Government Pleader appearing for the respondents would submit that the petitioner's representation dated 24.08.2020, would be considered on merits and in accordance with law, within a period of four weeks.

5.In view of the submission made by the learned Special Government Pleader, this Court, without expressing any opinion on the merits of the case, is inclined to pass the following directions:- i) the respondents are directed to consider the petitioner's representation dated 24.08.2020 to survey and demarcate the petition mentioned property 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 respondents shall conduct an enquiry and communicate the decision of the same to the parties concerned;

(ii) the aforesaid exercise shall be completed within a period of four 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(CS-II) // 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, 2/3

2.The Firka Surveyor, +1 CC to M/s.GP ( SR-16920[F] dated 15/09/2020 ) W.P.(MD) No.11517 of 2020 14.09.2020 SCR(CO) TR(22.09.2020) 3P 4C 3/3