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Madras High CourtWP(MD)/17669/2017disposed of

N.Pandi, v. The Tahsildar,

2017-11-01Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :01.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.17669 of 2017 N.Pandi ... Petitioner Vs.

1. The Tahsildar, Kodaikanal Taluk Office, Kodaikanal.

2. The District Land Surveyor, Office of the District Collector, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus, directing the 1st and 2nd respondents to measure and mark the metes and bounds of the land bearing old S.No.150/3 New Survey T.S.No.8, B, Block to an extent of 5 acres 14 cents land at Kodaikanal based on the representation dated 05.07.2017.

For Petitioner : Mr.N.Ranjith For Respondents : Mr.T.S.Mohammed Mohideen, Additional Government Pleader

ORDER

This writ petition has been filed, seeking to direct the respondents to survey and mark boundaries of the land in old S.No.150/3 New Survey T.S.No.8, B, Block Kodaikanal based on the representation dated 05.07.2017.

2.Heard both side. By consent, the writ petition is taken up for final disposal at the stage of admission itself. 3.The learned counsel for the petitioner would submit that neither civil suit nor rival claim whatsoever is pending in respect of the property in question, which belongs to the petitioner and he has been doing cultivation in the said land. Alleging some encroachments by the neighboring land owners, the petitioner sent a representation to the respondents on 05.07.2017 to survey the land and mark boundaries and he has also paid necessary charges towards the same. Since no action has been taken by the respondents, the petitioner is before this Court. https://hcservices.ecourts.gov.in/hcservices/

4.The Additional Government Pleader appearing for the respondents would submit that the representation of the petitioner would be considered in accordance with law within the time stipulated by this Court.

5.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the respondents to consider the representation of the petitioner, dated 05.07.2017 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. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Tahsildar, Kodaikanal Taluk Office, Kodaikanal.

2. The District Land Surveyor, Office of the District Collector, Dindigul District.

+1cc to Spl.Government Pleader Sr.No.85054 DSK VB/KK/SAR1/16/11/2017/2P/4C ORDER MADE IN W.P(MD)No.17669 of 2017 01.11.2017 https://hcservices.ecourts.gov.in/hcservices/