Madras High CourtWP(MD)/10609/2017disposed of

S.Balasubramanian, v. The Tahsildar,

2017-07-11Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 11.07.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.10609 of 2017 S.Balasubramanian ..Petitioner Vs 1.The Tahsildar, Tenkasi Taluk, Tirunelveli District.

2.The Land Surveyor, Tenkasi Taluk, Tirunelveli District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to survey and demarcate the petitioner's Iyan Punja Agricultural land situated in Survey Nos.55/1B, 2B, 57/1, 2B1 and 50/5 to an extent of 88.5 cents out of the total extent of One Acre 0.77 cents at Courtallam Village, Tenkasi Taluk, Tirunelveli District within a time frame to be stipulated by this Court.

For Petitioner : Mr.N.Sankar Ganesh For Respondents : Mr.C.Selvaraj Spl.Govt.Pleader

ORDER

The prayer sought for in this Writ Petition is issuance of writ of Mandamus directing the respondents to survey and demarcate the petitioner's Iyan Punja Agricultural land situated in Survey Nos.55/1B, 2B, 57/1, 2B1 and 50/5 to an extent of 88.5 cents out of the total extent of One Acre 0.77 cents at Courtallam Village, Tenkasi Taluk, Tirunelveli District.

2.Heard, Mr.N.Sankar Ganesh, learned counsel appearing for the petitioner and Mr.C.Selvaraj, learned special Government Pleader appearing for the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 3.The case of the petitioner is that he inherited the property, referred above through his mother Esakkiammal and he

has been in possession and enjoyment of the property. The petitioner would state that he approached the first respondent after paying necessary fees as contemplated under the Land Revenue Rules to measure and demarcate the property. The respondents also issued notice by fixing the Survey date i.e., 17.03.2017, subsequently there was no progress. Hence, this present Writ Petition is filed.

4.Considering the submission made by the learned counsel for the Petitioner without going into the merits of the case, this Court directs the first respondent to consider the application of the petitioner, dated 30.09.2017 on merits and in accordance with law and pass orders as expeditiously as possible, after providing opportunity to the necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (AD-II) /True copy/ Sub Assistant Registrar To 1.The Tahsildar, Tenkasi Taluk, Tirunelveli District.

2.The Land Surveyor, Tenkasi Taluk, Tirunelveli District.

+1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 64995. TA/CP PSM/KP/SAR1/19.07.2017/2P/4C W.P(MD)No.10609 of 2017 11.07.2017 https://hcservices.ecourts.gov.in/hcservices/