K.Vijayabharathi, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition No.10127 of 2016 K.Vijayabharathi ... Petitioner Vs.

1.The District Collector, Madurai, Madurai District.

2.The Tahsildar, Madurai West Taluk, Madurai District.

... Respondents Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to measure and demarcate the petitioner's lands in Survey Number 38/9A of Thuvariman Village, Madurai West Taluk, Madurai District within stipulated time as may be fixed by this Honourable Court.

For Petitioner : Mr.M.Karunanithi For Respondent : Mr.S.Kumar Additional Govt. Pleader for RR- 1&2

O R D E R

Heard both sides.

2.By consent, the main writ petition itself is taken up for final disposal.

3.The grievance of the Petitioner is that he had purchased a land in Sy.No.38/9A of Thuvariman Village, Madurai West Taluk, Madurai District, measuring an extent of 0.03.50 ares, for a valuable consideration from one M.Babunagalingam and four others by means of sale deed dated 04.06.2013. As a matter of fact, he mutated the patta in his name and thereby the said property is enjoyed by him and his legal heirs without any hindrance.

4.The plea taken by the petitioner is that various persons approached him to sell his property and they required him to measure the land and in this regard, he had applied before the second respondent on 18.04.2016 by remitting necessary charges with a view to measure the land in the subject matter in issue. Since the second respondent had not turned up, he made a https://hcservices.ecourts.gov.in/hcservices/

representation dated 20.05.2016 to the second respondent through registered post. But, till date, the representation of the petitioner is pending on the file of the second respondent/Tahsildar, Madurai West Taluk, Madurai District.

5. In view of the fact that the petitioner's representation dated 20.05.2016 is pending (without any progress), at this stage, this Court, in the interest of Justice and Fair Play, directs the second respondent/Tahsildar, Madurai West Taluk, Madurai District to consider the representation of the petitioner dated 20.05.2016 with all seriousness and earnestness and to dispose of the same on merits by passing a reasoned, speaking order, within a period of six weeks from the date of receipt of a copy of this order, (of-course after providing necessary opportunity to the petitioner and others concerned by adhering to the principles of Natural Justice). It is needless for this Court to make a significant mention that the petitioner is required to lend his assistance and unstinted co-operation to the second respondent in disposing of the representation.

6. With the aforesaid observation/direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /TRUE COPY/ Sub Assistant Registrar To 1.The District Collector, Madurai, Madurai District.

2.The Tahsildar, Madurai West Taluk, Madurai District.

+1cc to MR.M.Karunanidhi,Advocate SR NO: 29058 vs JA-SK-SKN-SAR.I/15.6.2016/2P-4C Writ Petition (MD).No.10127 of 2016 08.06.2016 https://hcservices.ecourts.gov.in/hcservices/