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Madras High CourtWP(MD)/11967/2017disposed of

C.Muthuraj, S/O.Chellaiah, v. The Commissioner,

2017-06-30Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD) No.11967 of 2017 C.Muthuraj

...Petitioner

Vs.

1.The Commissioner, Tirunelveli Corporation, Tirunelveli Corporation Office, Tirunelveli.

2.The Assistant Commissioner, Palayamkottai Division, Tirunelveli Corporation, Tirunelveli.

3.The Tahsildar, Palayamkottai Taluk, Tirunelveli, Tirunelveli District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue of a Writ of Mandamus, to direct the respondents to consider the representation of the petitioner dated 02.05.2017.

For Petitioner :

Mr.P.Subbaraj For R1 to R2 :

Mr.Ayiram K.Selvakumar Government Advocate For R3 :

D.Muruganantham, Additional Government Pleader

O R D E R

This writ petition has been filed by the petitioner seeking for a direction to the respondents to consider his representation, dated 02.05.2017.

2.The case of the petitioner is that one Mr.Nallanayagam, who is the grandfather of Mr.Senthil Arumugam, was original owner of the property. After his demise, the said Senthil Arumugam's father, namely, Mr.N.Sivasubramaniam Pillai acquired the title and after his demise, the said Mr.Senthil Arumugam, has enjoyed the property.

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3. It is further stated that in the partition deed registered as Document No.2341/1935, the said Senthil Arumugam was allotted the property to an extent of 7 acres 25 cents in S.No.59/1 (Old S.No.149). Subsequently the said Senthil Arumugam has executed a Power of Attorney in favour of the petitioner and based on the power of attorney, the petitioner approached the respondents to survey the land and mark the boundaries. Since no action was taken, the present Writ Petition is filed.

4. The learned counsel appearing for the petitioner would submit that it would suffice, if a direction is issued to dispose of the representation of the petitioner within a stipulated time.

5. The learned Government Advocate appearing for the respondents 1 and 2 would submit that the representation of the petitioner will be considered in accordance with law. 6.Considering the limited scope of the prayer sought for in this writ petition, without expressing any view on the merits and contention raised by the petitioner, this Writ Petition is disposed of with a direction to the first respondent to consider the representation of the petitioner dated 02.05.2017, and pass appropriate order on the same on merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order. No Costs.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Commissioner, Tirunelveli Corporation, Tirunelveli Corporation Office, Tirunelveli.

2.The Assistant Commissioner, Palayamkottai Division, Tirunelveli Corporation, Tirunelveli.

3.The Tahsildar, Palayamkottai Taluk, Tirunelveli, Tirunelveli District.

+1cc to Mr.P.Subbaraj,Advocate,SR. 63056 +1cc to Mr.Aayiram K. Selvakumar,Advocate,SR. 62986 +1cc to M/S.Special Government Pleader,SR. 63144 W.P.(MD) No.11967 of 2017 30.06.2017 SKN/CMR KK/SKN RSK/SAR3/13.07.2017/2P-7C/ https://hcservices.ecourts.gov.in/hcservices/