R.Dhandapani v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE R.Dhandapani ... Petitioner Vs 1.The Tahsildar, Kujiliamparai Taluk, Kujiliamparai Taluk Office, Dindigul District.
2.The Firka Surveyor, Kujiliamparai Taluk, Kujiliamparai Taluk Office, Dindigul District.
3.The Village Administrative Officer, Mallapuram Village, Kujiliamparai Taluk, Dindigul District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the respondents to measure the land and fix the boundary for the petitioner's land situated at S.Nos.619/1, 617/1, 615/3, 614/1 and 601/1c Mallapuram Village, Kujiliamparai Taluk, Dindigul District based on the representation dated 24.09.2020 made by the petitioner before the respondents within the time stipulated by this Court. For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.M.Pandiarajan Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents to measure the land and fix the boundary for the petitioner's land situated at S.Nos.619/1, 617/1, 615/3, 614/1 and 601/1c Mallapuram Village, Kujiliamparai Taluk, Dindigul District based on the representation, dated 24.09.2020 made by the petitioner before the respondents within the time to be stipulated by this Court.
2.Heard Mr.S.Sarvagan Prabhu, learned counsel appearing for the petitioner and Mr.M.Pandiarajan, learned Additional Government Pleader appearing for the respondents.
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3.By consent of both sides, this writ petition is taken up for final disposal at the admission stage itself. 4.It is the case of the petitioner that he is the absolute owner of the aforementioned lands. He has given a representation on 24.09.2020 to the first respondent requesting him to measure the aforementioned lands and fix the boundary. But, till date the said representation has not been considered by the first respondent. In such circumstances, this writ petition has been filed. 5.The relief sought for by the petitioner is an innocuous relief. No prejudice will be caused to the respondents, if the relief sought for by the petitioner is granted by this Court. It is for the respondents to consider the representation of the petitioner on merits and in accordance with law.
If there are rival claimants over the same property, the respondents shall issue notice to them and after hearing them, pass final orders on the representation of the petitioner seeking for survey the aforementioned lands. 6.For the foregoing reasons, this Court directs the respondents to consider the petitioner's representation, dated 24.09.2020 seeking to measure his lands situated at Survey No.619/1, 617/1, 615/3, 614/1 and 601/1C Mallapuram Village, Kujiliamparai Taluk, Dindigul District, after giving notice to all the necessary parties and pass final orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.
7.With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) rmk Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned. 2/3
To 1.The Tahsildar, Kujiliamparai Taluk, Kujiliamparai Taluk Office, Dindigul District.
2.The Firka Surveyor, Kujiliamparai Taluk, Kujiliamparai Taluk Office, Dindigul District.
3.The Village Administrative Officer, Mallapuram Village, Kujiliamparai Taluk, Dindigul District.
+1 CC to M/s.GP ( SR-20795[F] dated 02/11/2020 ) +1 CC to M/s.S.SARVAGAN PRABHU, Advocate ( SR-20774[F] dated 02/11/2020 ) 29.10.2020 CK(CO) TR(06.11.2020) 3P 6C 3/3