Madras High CourtWP(MD)/21092/2017disposed of

Al.Subbiah, S/O.Alagappan, v. The Tahsildar,

2017-11-15Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.21092 of 2017 AL.Subbiah ... Petitioner -vs1. The Tahsildar, Ponnamaravathi Taluk, Pudukkottai District.

2. The Taluk Surveyor, Ponnamaravathi Taluk, Ponnamaravathi, Pudukottai District.

... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to consider the representation of the petitioner dated 07.07.2017 and measure the property comprised in S.No.149/5 an extent of 0.52.0 Hectare situated in Arasamalai Village, Ponnamaravathi Taluk, Pudukkottai District as per Patta No.261 after affording due opportunity of hearing to the petitioner and earmarked the four boundaries of the land within a stipulated period fixed by this Court.

For Petitioner : Mr.Babu Rajendran For Respondents : Mr.M.Alagathevan Special Government Pleader *****

O R D E R

This petition has been filed, seeking a direction to the first respondent to consider the representation of the petitioner dated 07.07.2017 and measure the property comprised in S.No.149/5 an extent of 0.52.0 Hectare situated in Arasamalai Village, Ponnamaravathi Taluk, Pudukkottai District as per Patta No.261 after affording due opportunity of hearing the petitioner and earmarked the four boundaries of the land within a stipulated period fixed by this Court.

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2. Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that he has submitted a representation dated 07.07.2017 to the concerned authority for measurement of the property in question. Since the said representation has not been considered so far, the petitioner is before this Court with the above prayer.

4. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the 1st respondent to consider the application/representation of the petitioner dated 07.07.2017 and pass suitable orders regarding measurement of the property, of course, on payment of necessary cost/fee by the petitioner, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and other interested parties, if any.

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

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To:

1. The Tahsildar, Ponnamaravathi Taluk, Pudukkottai District.

2. The Taluk Surveyor, Ponnamaravathi Taluk, Ponnamaravathi, Pudukottai District.

+ 1 cc TO Mr.Babu Rajendran , Advocate in SR No. 87257 + 1 cc TO The Special Government Pleader in SR No. 87599 ar AE/SKN RSK/SAR3/04.12.2017/2P/5C W.P.(MD)No.21092 of 2017 15.11.2017 https://hcservices.ecourts.gov.in/hcservices/