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Madras High CourtWP(MD)/17891/2017disposed of

C.Adaikalam, v. The Tahsildar,

2017-09-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.17891 of 2017 C.Adaikalam ... Petitioner Vs.

1. The Tahsildar, Avudaiyar Kovil Taluk, Pudukkottai District.

2. The Firka Surveyor, Avudaiyar Kovil Taluk, Pudukkottai District.

... Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to survey the petitioner's land to an extent of 10.50.50 Hectares comprised in Patta No.1849, situated in Survey No.59/1 at Visoor Village, Embal Revenue Village, Avudaiyar kovil Taluk, Pudukkottai District and lay boundary stones based on his representation dated 05.09.2017. For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.C.Selvaraj, Special Government Pleader.

ORDER

This Writ Petition is filed seeking for issuance of a Writ of Mandamus, directing the respondents to survey the petitioner's land and lay boundary stones, based on his representation dated 05.09.2017.

2.Mr. C.Selvaraj , learned Special Government Pleader takes notice for respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself. 3.The petitioner would claim that the land to an extent of 10.50.50 Hectares comprised in Survey No.59/1 situated at Visoor Village, Embal Revenue Village, Avudaiyar kovil Taluk, Pudukkottai https://hcservices.ecourts.gov.in/hcservices/

District originally belonged to his father, by name, Chellakannu. He settled the property in favour of the petitioner on 23.08.2016. Since then the petitioner has been in possession and enjoyment of the same. A mutation in the revenue records had also been taken place.

4.The petitioner would further state that he approached the respondents on 05.09.2017 and also submitted an application to survey his land and lay boundaries stone. It is further submitted that the petitioner paid necessary fees. Since no action was taken, the present writ petition.

5.Considering the limited scope of the prayer sought for by the petitioner, this Court, without going into the merits of the matter, directs the first respondent to consider the application of the petitioner dated 05.09.2017 and take appropriate action on merits and in accordance with law, after providing opportunity to all necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Tahsildar, Avudaiyar Kovil Taluk, Pudukkottai District.

2. The Firka Surveyor, Avudaiyar Kovil Taluk, Pudukkottai District.

+1cc to M/S. G.THALAIMUTHARASU, Advocate, SR.No.80631. +1cc to Special Government Pleader, SR.No.81068. W.P.(MD)No. 17891 of 2017 21.09.2017 skn SDS/SV:MMS/SAR 3/11.10.2017/2P/5C https://hcservices.ecourts.gov.in/hcservices/