Madras High CourtWP(MD)/19940/2017disposed of

Vadivelu, v. The Tahsildar

2017-10-31Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :31.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.19940 of 2017 Vadivelu ... Petitioner Vs.

1.The Tahsildar, Veerakeralampudur Taluk, Tirunelveli District.

2.The Taluk Surveyor, Veerakeralampudur Taluk, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the respondents to allow the petitioner to pay the cost for surveying the land and to survey the land in survey number 76/1, present survey number 76/1B to an extent 40 cents of Uthumalai Village, V.K.Pudur Taluk, Tirunelveli District on the basis of the petitioner's representation dated 20.10.2017. For Petitioner : Mr.M.Sankar For Respondents : Mr.M.Alagathevan Special Government Pleader

ORDER

This writ petition has been filed, seeking to direct the respondents to survey the land in survey No. 76/1B situated at Uthumalai Village, V.K.Pudur Taluk, Tirunelveli District. 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 has been in possession and enjoyment of the petitioner by virtue of the settlement deed dated 29.09.2006. While so, the petitioner sent representations on 22.09.2017 and 20.10.2017 to the respondents requesting to survey the land in question and also expressed his willingness to pay necessary charges towards the same.

Since no action has been taken by the respondents, the petitioner is before this Court. 4.The Special Government Pleader appearing for the respondents would submit that the representations of the petitioner would be considered in accordance with law within the time stipulated by this https://hcservices.ecourts.gov.

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 representations of the petitioner, dated 22.09.2017 and 20.10.2017 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-III) /True Copy/ Sub Assistant Registrar To 1.The Tahsildar, Veerakeralampudur Taluk, Tirunelveli District.

2.The Taluk Surveyor, Veerakeralampudur Taluk, Tirunelveli District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 84816 +1cc to M/s.M.SANKAR Advocate in SR. No. 84333 DSK JS/SKN.RSK/SAR.4/2P-5C/21.11.2017 ORDER MADE IN W.P(MD)No.19940 of 2017 31.10.2017 https://hcservices.ecourts.gov.in/hcservices/