Madras High CourtWP(MD)/16893/2017disposed of

Muthusamy, v. The Tahsildar

2017-09-07Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.16893 of 2017 Muthusamy ... Petitioner Vs.

1.The Tahsildar, Tahsildar Office, Pudukkottai, Pudukkottai District.

2.The Head Surveyor, Pudukkottai Pudukkottai District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to survey and fixed the boundary stones the petitioner's land in Survey No.130/5A with an extent of 50.50 ares situated at Mukkampatti Village, Manaviduthi Vattam, Pudukkottai District by considering the petitioner's representation dated 17.10.2016 and 10.08.2017.

For Petitioner : Mr.E.Balasubramanian For Respondents : Mr.C.Selvaraj, Special Govt. Pleader ******

O R D E R

This writ petition has been filed, seeking to direct the respondents to conduct the survey on the basis of the representation of the petitioner dated 17.10.2016 and 10.08.2017.

2. Heard the learned counsel for the petitioner and the learned Special 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 17.10.2016 and followed by an remainder dated 10.08.2017 for measurement and survey of the property. Since the said applications https://hcservices.ecourts.gov.in/hcservices/

have 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 merits of the matters, directs the first respondent to consider the application/representation of the petitioner dated 17.10.2016 and followed by an remainder dated 10.08.2017 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(CS-II) /True Copy/ Sub Assistant Registrar To:

1.The Tahsildar, Tahsildar Office, Pudukkottai, Pudukkottai District.

2.The Head Surveyor, Pudukkottai Pudukkottai District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 77637 +1cc to Mr.E.BALASUBRAMANIAN Advocate in SR. No. 77249 rm/ar JS/KK/SAR.2/18.09.2017/2P-5C W.P(MD)No.16893 of 2017 07.09.2017 https://hcservices.ecourts.gov.in/hcservices/