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Madras High CourtWP(MD)/11892/2020disposed of

S.Dhurairaj v. The Tahsildhar

2020-09-17Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :17.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.11892 of 2020 S.Dhurairaj ... Petitioner Vs.

1. The Thasildar, Tahsildhar Office, Ilaiyangudi, Sivagangai District.

2. The Inspector of Police, Ilaiyangudi Police Station, Sivagangai District.

3. Karuppai

4. Kasim

5. Abutakir ... 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 the petitioner's land to an extent of 23 cents situated in Survey No.107/3A, Patta No.254 at Regunadhamadai, Kumarakuchi, Ilaiyankudi, Sivagangai District and lay boundary stones in his land based on his representation made to the respondents in person on 31.08.2020.

For Petitioner : Mr.S.P.Naveen Kumar For R1 and R2 : Mr.P.Kannidevan, Additional Government Pleader

ORDER

The writ petition is filed seeking for a direction to direct the respondents to survey the petitioner's land in Survey No.107/3A, Patta No.254 at Regunadhamadai, Kumarakuchi, Ilaiyankudi, Sivagangai District, measuring an extent of 23 cents and lay boundary stones, based on the petitioner's representation dated 31.08.2020. 1/3

2.Mr.P.Kannidevan, learned Additional Government Pleader takes notice for the respondents 1 and 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 it is suffice, if a direction is issued to the respondents to consider the petitioner's representations dated 31.08.2020. 4.The learned Additional Government Pleader appearing for the respondents would submit that the petitioner's representation dated 31.08.2020 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 Additional 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 31.08.2020 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 eight 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 (Crl.Side) // 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.

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To

1. The Thasildar, Tahsildhar Office, Ilaiyangudi, Sivagangai District.

2. The Inspector of Police, Ilaiyangudi Police Station, Sivagangai District.

+1 CC to Mr.S.P.NAVEENKUMAR, Advocate SR-17324. +1 CC to the SPL GP SR-17465.

W.P.(MD) No.11892 of 2020 17.09.2020 AL(CO) CS(28.09.2020) 3P 5C 3/3