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Madras High CourtWP(MD)/21894/2017disposed of

S.Jesuraj S/O M.A.R.Savarmuthu v. The Tahsildar,

2017-11-28Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21894 of 2017 S.Jesuraj ... Petitioner Vs.

1. The Tahsildar, Kalaiyarkovil Taluk Office, Kalaiyarkovil, Sivagangai District.

2. The Deputy Surveyor, Kalaiyarkovil Taluk Office, Kalaiyarkovil, Sivagangai 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 measure the petitioner's properties in S.No 296/4B in an extent of 2 acres 16 cents and S.No 313/1 new S.No 313/1A in an extent of 2 acre 16 cents punja land sengulam hamlet village of poovali village no 76/1 and to issue a separate patta to the petitioner in accordance with law within time stipulated by this Hon'ble Court.

For Petitioner : Mr.G.Ghousekhathiri For Respondents : Mr.T.S.Mohamed Mohideen, Additional Government Pleader *****

O R D E R

By consent, this writ petition itself is taken up for final disposal.

2. Heard the learned Counsel for the petitioner and Mr.T.S.Mohamed Mohideen, learned Additional Government Pleader, who takes notice for the respondents.

3. According to the petitioner, the property in question belongs to his father and neither civil suit nor rival claim whatsoever is pending in respect of the property in question. After his father's demise, in order to get a separate patta in his https://hcservices.ecourts.gov.in/hcservices/

name, the petitioner submitted a representation for measuring the property and as the same is kept pending, without any action, the present petition came to be filed.

4. When the matter is taken up for hearing today, the learned counsel for the petitioner submitted that it would be suffice, if the representation of the petitioner dated 27.07.2016 is disposed of, by the respondents, as per law, within a stipulated time limit.

5. Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondents to consider the representation of the petitioner dated 27.07.2016 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 other interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order, on payment of necessary fee, if not already paid.

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

1. The Tahsildar, Kalaiyarkovil Taluk Office, Kalaiyarkovil, Sivagangai District.

2. The Deputy Surveyor, Kalaiyarkovil Taluk Office, Kalaiyarkovil, Sivagangai District.

+1cc to Mr.G.Ghousekhathiri, Advocate Sr.No.89869 +1cc to Spl.Government Pleader Sr.No.90254 GK VB/JC/SAR1/12/12/2017/2P/5C W.P(MD)No.21894 of 2017 28.11.2017 https://hcservices.ecourts.gov.in/hcservices/