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Madras High CourtWP(MD)/15247/2017disposed of

Krishnan, S/O.Andi Goundar, v. The Tahsildar

2017-08-16Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.15247 of 2017 Krishnan ... Petitioner -vs1.

The Tahsildar, M.Kallupatti, Marungapuri Taluk, Trichy District.

2.

The Inspector of Police, Thuvarankurichi Police Station, Marungapuri Taluk, Trichy District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to conduct the survey on the basis of the application of the petitioner dated 26.10.2016 with the aid of the 2nd Respondent.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.A.Muthukaruppan Addl. Govt. Pleader ******

O R D E R

This writ petition has been filed, seeking to direct the 1st respondent to conduct the survey on the basis of the application of the petitioner dated 26.10.2016 with the aid of the 2nd Respondent.

2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that there is neither civil suit nor rival claim whatsoever pending in respect of the property in question and as such, he has submitted an application dated 26.10.2016 for measurement and survey of the property. Since the said application has not been considered so far, the petitioner is before this Court with the above prayer.

4. Considering the facts and circumstance of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the https://hcservices.ecourts.gov.in/hcservices/

merits of the matters, directs the 1st respondent to consider the application/representation of the petitioner dated 26.10.2016 and pass suitable orders regarding measurement of the property on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and any of the interested parties.

5. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub-Assistant Registrar To:

1.

The Tahsildar, M.Kallupatti, Marungapuri Taluk, Trichy District.

2.

The Inspector of Police, Thuvarankurichi Police Station, Marungapuri Taluk, Trichy District.

+One cc to The Special Government Pleader, SR.No.72932 +One cc to Mr.T.Vadivelan, Advocate, SR.No.73002 ar RL/5C/2P/GT/SAR1/24/8/2017 W.P(MD)No.15247 of 2017 16/08/2017 https://hcservices.ecourts.gov.in/hcservices/