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Madras High CourtWP(MD)/15606/2019disposed of

M.Benedict v. The Tahsildar

2019-07-12Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.15606 of 2019 M.Benedict

...Petitioner

-Vs1.The Tahsildar, Lalgudi Taluk Office, Lalgudi Taluk, Trichy District.

2.The Head Taluk Surveyor, Lalgudi Taluk, Trichy District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to conduct survey, measure and fix boundaries of the petitioner's property comprised in Survey No.345/34 measuring 0.0060 sq.mtr is situated at Mahilambadi Village, Lalgudi Taluk, Trichy District, within a reasonable time.

For Petitioner : Mr.V.M.Jegadeeshapandian For Respondents : Mr.P.Kannithevan Additional Government Pleader

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents herein to conduct survey, measure and fix boundaries of the petitioner's property comprised in Survey No.345/34 measuring 0.0060 sq.mtr is situated at Mahilambadi Village, Lalgudi Taluk, Trichy District, within a reasonable time. 2.Heard Mr.V.M.Jegadeeshapandian, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondents.

3.By consent of both parties, the writ petition is taken up for final hearing at the admission stage itself.

https://hcservices.ecourts.gov.in/hcservices/ 4.In respect of the land at Survey No.345/34 measuring 0.0060 sq.mtr is situated at Mahilambadi Village, Lalgudi Taluk, Trichy

District, which claimed to be the property of the petitioner and his brother one Suresh Renold, the petitioner on behalf of him as well as his brother has made a representation on 28.06.2019 to the respondents, especially, first respondent, to measure the land and identify the four boundaries. In this regard, the learned counsel appearing for the petitioner submits that if the said request of the petitioner is decided by the respondents, on merits and in accordance with law, within a time frame to be stipulated by this Court, the petitioner would be satisfied.

5.I have heard the learned Additional Government Pleader appearing for the respondents, who would submit that, the request of the petitioner would be decided on merits, within a time frame. 6.Considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following directions:- "that the respondents are directed to consider the representation of the petitioner dated 28.06.2019 and do the needful as desired therein, within a period of six weeks from the date of receipt of a copy of this order and accordingly, final order shall be passed, within the aforesaid time frame. In this regard, if there is any rival claimants, they can also be heard along with the petitioner."

No costs.

Sd/- Assistant Registrar(AD-II) /TRUE COPY/ Sub Assistant Registrar To 1.The Tahsildar, Lalgudi Taluk Office, Lalgudi Taluk, Trichy District.

2.The Head Taluk Surveyor, Lalgudi Taluk, Trichy District.

+1 CC to M/s.V.M.JEGADEESHA PANDIAN, Advocate ( SR-75139[F] dated 12/07/2019 ) +1 CC to M/s.SPL GP ( SR-75202[F] dated 15/07/2019 ) W.P.(MD)No.15606 of 2019 12.07.2019 RMK JM/06.08.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/