Madras High CourtWP(MD)/16107/2017disposed of

M.Kennedy v. The Thasildar

2017-08-28Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.08.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.16107 of 2017 M.Kennedy ... Petitioner Vs.

1.The Tahsildar, Thiruverumbur Taluk, Tiruchirappalli District.

2.The Head Surveyor, Thiruverumbur Taluk, Tiruchirappalli District.

... Respondents 1 & 2 PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the Respondents to consider the petitioner's representation dated 10.08.2017, given for the issuance of surveyor's report along with plan to the petitioner.

For Petitioner : Mr.R.Gandhi For Respondents : Mr.C.Selvaraj, Special Government Pleader *****

ORDER

The petitioner seeks for a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 10.08.2017, to issue survey report along with plan, in respect their lands in Survey Nos.41/3A & 41/3B, situated in Agaram Village, Thiruverumbur Taluk, Tiruchirappalli District.

2. Mr.C.Selvaraj, learned Special Government Pleader, takes notice for the respondents.

3. By consent, this writ petition is taken up for disposal, at the admission stage itself.

4. According to the petitioner, based on the application filed by his father and his paternal aunty to survey their lands situated in the aforesaid place, their lands were surveyed by the appropriate authority, on 04.07.2016, after remittance of necessary fee with the treasury. The grievance of the petitioner is that the survey report along with the plan had not been issued https://hcservices.ecourts.gov.in/hcservices/

to them and it constrained the petitioner's father to submit a representation dated 08.10.2016, to the first respondent. Thereafter, the petitioner's father had passed away and on 10.08.2017, the petitioner himself submitted a representation to the first respondent seeking a survey report along with plan, based on his father's application. The said representation was duly forwarded to the second respondent and the same is kept pending without any action. Aggrieved by the same, the petitioner is before this Court.

5. Considering the facts and circumstances of the case, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the representation of the petitioner dated 10.08.2017 and pass appropriate orders on its own merit 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. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The Tahsildar, Thiruverumbur Taluk,Tiruchirappalli District. 2.The Head Surveyor, Thiruverumbur Taluk, Tiruchirappalli District.

+1cc to M/S.R.GANDHI, Advocate SR.No.74932 +1cc to Special Government Pleader, SR.No. 75060 gk MAS/MR-KKR/SAR1:07.09.2017:2P-5C W.P.(MD)No.16107 of 2017 28.08.2017 https://hcservices.ecourts.gov.in/hcservices/