P.Vellathurai, v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)Nos.19872 of 2017 P.Vellathurai ... Petitioner Vs.

1.The Tahsildar, Natham Taluk, Dindigul District.

2.The Assistant Director, Office of the Survey Department, Collectorate, Dindigul.

3.The Surveyor, Natham Taluk Office, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, direct the respondent herein to conduct the survey and earmark the boundaries in respect of petitioners property comprised in Survey No. 130/2A, 2B, 2C, 2D, 2E, 2F and also survey Number 138/2, 114/D3, 111/1A, 1D,1E, 1F, 1G, 1H, 1I, 1J, 123/3, 123/4B, 124/3B situated at Sathanbadi Village, Natham Taluk, Dingidul District as per petitioner application dated 09.10.2017 within the time stipulated by this Court.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.M.Alagathevan, Special Government Pleader

ORDER

This writ petition has been filed, seeking to direct the respondents herein to conduct the survey and earmark the boundaries in respect of petitioners property situated at Sathanbadi Village, Natham Taluk, Dingidul District as per the petitioner's application dated 09.10.2017.

2.Heard both sides.

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

4.The learned counsel for the petitioner would submit that the petitioner and his brother are in joint possession and enjoyment of the property in question. The petitioner sent an application dated https://hcservices.ecourts.gov.in/hcservices/

09.10.2017 requesting to survey and mark boundaries of the said property and has also paid necessary charges. However, no action has been taken by the respondents in this regard. Hence, the petitioner is before this Court.

5.The learned Additional Government Pleader appearing for the respondents would submit that the representation of the petitioner would be considered within the time stipulated by this Court. 6.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 dated 09.10.2017 and pass appropriate orders, on 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.

7. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Tahsildar, Natham Taluk, Dindigul District.

2.The Assistant Director, Office of the Survey Department, Collectorate, Dindigul.

3.The Surveyor, Natham Taluk Office, Dindigul District.

+1cc to M/s.B.JAMEEL ARASU Advocate in SR. No. 88291 DSK JS/SV.MMS/SAR.1/24.11.2017/2P-5C ORDER MADE IN W.P(MD)No.19872 of 2017 20.11.2017 https://hcservices.ecourts.gov.in/hcservices/