Madras High CourtWP(MD)/13591/2017disposed of

Jeyakodi, v. The Tahsildar,

2017-07-24Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.13591 of 2017 Jeyakodi ... Petitioner Vs.

The Tahsildar, Taluk Office, Periyakulam Taluk, Theni District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondent herein to conduct survey and measurement of the petitioner's patta land in S.No.2088/3B situated at Devathanapatti Town Panchayat, Theni District, as per the application of the petitioner dated 17.02.2017. For Petitioner : Mr.K.Appadurai For Respondent : Mr.A.Muthukaruppan, Government Advocate.

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O R D E R

This writ petition has been filed, seeking a Writ of Mandamus to direct the respondent to conduct survey and measurement of the petitioner's patta land in S.No.2088/3B situated at Devathanapatti Town Panchayat, Theni District, as per the application of the petitioner dated 17.02.2017.

2. Mr.A.Muthukaruppan, learned Government Advocate takes notice for the respondent. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. Heard the learned counsel on either side.

4. The grievance of the petitioner is that the patta land for which the petitioner is the absolute owner, was sought to be encroached by the neighbour in the guise of constructing a house. Hence, the petitioner submitted an application dated 17.02.2017 to https://hcservices.ecourts.gov.in/hcservices/

the 2nd respondent requesting him to survey and measure the land, as per title deed. To that effect, he also paid necessary charges. But there was no survey or measurement for the past four months, aggrieved by which, he is before this Court.

5. Under such circumstances, this Court, without going into the merits of the matter, directs the respondent to survey and measuring the petitioner's land by considering the representation of the petitioner dated 17.02.2017, upon payment of necessary charges, if not already paid and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(AD-II) /True copy/ Sub Assistant Registrar To:

The Tahsildar, Taluk Office, Periyakulam Taluk, Theni District.

+1 cc to Mr.K.Appadurai , Advocate in SR.No. 67061 rm/skn AE/KK/SAR2/01.08.2017/2P/3C W.P(MD)No.13591 of 2017 24.07.2017 https://hcservices.ecourts.gov.in/hcservices/