Madras High CourtWP(MD)/11873/2020disposed of

Alagar v. The Tahsildar

2020-09-17Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.11873 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.11873 of 2020 Alagar ... Petitioner Vs.

1. The Thasildar, Taluk Office, Viralimalai, Pudukkottai District.

2. The Taluk Surveyor, Taluk Officer, Viralimalai, Pudukkottai 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 measure the petitioner's property in survey No.46/25 of Thenkaithinnipatty Village, Viralimalai Taluk, Pudukkottai District and fix the four boundaries based on the petitioner's representations dated 15.10.2019 and 24.08.2020. For Petitioner : Mr.T.M.Madasamy 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.46/25 of Thenkaithinnipatty Village, Viralimalai Taluk, Pudukkottai District, based on the petitioner's representations dated 15.10.2019 and 24.08.2020.

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 representations dated 15.10.2019 and 24.08.2020.

4.The learned Special Government Pleader appearing for the respondents would submit that the petitioner's representations dated 15.10.2019 and 24.08.2020 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.11873 of 2020 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 respondents are directed to consider the petitioner's representations dated 15.10.2019 and 24.08.2020 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 (C.O) // 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, Taluk Office, Viralimalai, Pudukkottai District.

2. The Taluk Surveyor, Taluk Officer, Viralimalai, Pudukkottai District.

+1 CC to the SPL GP ( SR-17462[F] dated 18/09/2020 ) W.P.(MD) No.11873 of 2020 17.09.2020 AL(CO) CS(29.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2