Madras High CourtWP(MD)/20343/2017disposed of

S.Nallakannu, S/O. Subbaiah v. The Tahsildar

2017-11-03Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.20343 of 2017 1.S.Nallakannu 2.A.Arumugam ... Petitioners Rep. through their Power Agents N.Muniyandi and S.Azhagarsamy Vs.

1.The Tahsildar Dindigul Taluk, Dindigul District.

2.The Taluk Surveyor, Dindigul Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to Survey and lay boundary stones in the property belonging to the petitioners in Survey No. 574/5M situated in Settinayakanpatti Village, Dindigul Taluk, Dindigul District based on their application dated 23.08.2017. For Petitioner : Mr.S.Anwar Sameem For Respondents : Mr.M.Alagathevan, Special Government Pleader ******

O R D E R

This writ petition has been filed, seeking to direct the respondents to conduct the survey on the basis of their application dated 23.08.2017.

2. Heard the learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioners are that there is neither civil suit nor rival claim whatsoever pending in respect of the property in question and as such, they have submitted an application dated 23.08.2017 for measurement and survey of the property. Since the said application has not been considered so far, the petitioners https://hcservices.ecourts.gov.in/hcservices/

are before this Court with the above prayer.

4. Considering the facts and circumstance of the case and also taking into account the limited scope of the relief sought for by the petitioners, this Court, without expressing any opinion on the merits of the matters, directs the respondents, more particularly, the first respondent to consider the application/representation of the petitioners dated 23.08.2017 and pass suitable orders regarding measurement of the property on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioners as well as other interested parties, if any.

5. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To:

1.The Tahsildar Dindigul Taluk, Dindigul District.

2.The Taluk Surveyor, Dindigul Taluk, Dindigul District.

+1cc to Mr.D.VELPRADEEP,Advocate,SR.85536 +1cc to M/S.Special Government Pleader,SR. 85348 W.P(MD)No.20343 of 2017 03.11.2017 RM KK/SKN RSK/SAR 4/14.11.2017/ 2P- 5C https://hcservices.ecourts.gov.in/hcservices/