P.Balamurugan, v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.20910 of 2017 P.Balamurugan ... Petitioner Vs.

1. The Tahsildar, Madurai East Taluk, Madurai District.

2. The Surveyor, Madurai East Taluk, Madurai District.

... Respondents PRAYER: Writ petition is filed under Article 226 of Constitution of India praying to issue a writ of Mandamus, directing the second respondent to survey and fix boundaries in the petitioner's property in Re-survey No.129/1A1, in Plot No.5, Vandiyoor II Bit Village, Madurai, Madurai District, based on the petitioner's representation dated 04.01.2016, within a stipulated time fixed by this Court.

For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.M.Alagathevan, Special Government Pleader.

O R D E R

This writ petition is filed seeking a writ of mandamus to direct the second respondent to survey and fix boundaries in the petitioner's property in Plot No.5 comprised in Re-survey No.129/1A1, Vandiyoor II Bit Village, Madurai, Madurai District, based on the petitioner's representation, dated 04.01.2016, within the time stipulated by this Court.

2.Mr.M.Alagathevan, learned Special Government Pleader, takes notice for the respondents.

3.By consent of both the parties, this writ petition is taken up for final hearing at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/ 4.Heard both sides.

5.The petitioner made a representation dated 04.01.2016, to the first respondent, seeking to survey and fix boundaries in his property in Plot No.5 comprised in Re-survey No.129/1A1, Vandiyoor II Bit Village, Madurai, Madurai District.

6.The learned counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner, dated 04.01.2016, is disposed of by the first respondent as per law. The learned counsel for the petitioner would also submit that there is no civil suit pending with regard to the said land and the petitioner has already paid necessary fee for the said purpose.

7.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the first respondent to consider the representation of the petitioner, dated 04.01.2016, and take necessary action, if necessary fee for measurement is paid by the petitioner and if found fit, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

8.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Tahsildar, Madurai East Taluk, Madurai District.

2. The Surveyor, Madurai East Taluk, Madurai District.

+ 1 cc TO Mr.J.Jeyakumaran , Advocate in SR No. 86974 + 1 cc TO The Special Government Pleader in SR No. 87300 smn AE/MR KKR/SAR4/30.11.2017/2P/5C ORDER MADE IN W.P(MD)No.20910 of 2017 14.11.2017 https://hcservices.ecourts.gov.in/hcservices/