Madras High CourtWP(MD)/22903/2017disposed of

S. Mani v. The Tahsildar

2017-12-14Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.12.2017 C O R A M THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.22903 of 2017 S.Mani ... Petitioner Vs.

The Tahsildar, Tahsildar Office, Dindigul East Taluk, Dindigul District.

...Respondent

Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Mandamus, directing the respondent to conduct survey and to mark boundaries in the petitioner's land situated in survey No.513/1 situated at Nagainayakkanpatti Village, Dindigul Taluk, Dindigul District based on his application dated 25.10.2017 within a time frame as may be stipulated by this Honble Court.

For Petitioner : Mr.P.T.Ramesh Raja For Respondent : Mr.M.Alagathevan Special Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal at the admission stage itself.

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

3. According to the petitioner, the property in question belongs to him and neither civil suit nor rival claim, whatsoever, is pending in respect of the same and as such, he has submitted an application dated 25.10.2017, followed by several representations before the authorities, for measurement of the property. Since the same has not been considered so far, despite remittance of necessary fee, the petitioner is before this Court with the above prayer.

4. When the matter is taken up for hearing today, the learned Counsel for the petitioner submitted that it would suffice, if his application dated 25.10.2017 is disposed of by the respondent, on merits.

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5. 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 going into the merits of the petitioner's claim, directs the respondent to consider the application/representation of the petitioner dated 25.10.2017 and pass appropriate orders regarding measurement of the property, on its own merit 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 twelve weeks from the date of receipt of a copy of this order, on payment of necessary fee, if not already paid.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To The Tahsildar, Tahsildar Office, Dindigul East Taluk, Dindigul District.

+1cc to M/S.P.T.Ramesh Raja, Advocate SR.No. 92690 +1cc to Special Government Pleader, SR.No. 93137 W.P.(MD)No.22903 of 2017 14.12.2017 gk JM/MR/SAR 1/08.01.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/