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Madras High CourtWP(MD)/15608/2019disposed of

Ayyappan 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.15608 of 2019 Ayyanan

...Petitioner

-Vs1.The Tahsildar, Taluk Office, Melur Taluk, Madurai District.

2.The Surveyor, Taluk Office, Melur Taluk, Madurai District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to survey and demarcate the boundaries of the petitioner's land bearing Survey No.455/12 situated at Aritapatti Village, Melur Taluk, Madurai District.

For Petitioner : Mr.R.Murugan For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents to survey and demarcate the boundaries of the petitioner's land bearing Survey No.455/12 situated at Aritapatti Village, Melur Taluk, Madurai District.

2.Heard Mr.R.Murugan, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents.

3.By consent of both parties, this writ petition is taken up for final hearing at the admission stage itself. https://hcservices.ecourts.gov.in/hcservices/ 4.The petitioner, in order to survey his land at Survey

No.455/12 situated at Aritapatti Village, Melur Taluk, Madurai District and identify four boundaries, has made a representation on 03.07.2019 to the respondents. The learned counsel appearing for the petitioner submits that if the said representation of the petitioner is directed to be decided by the respondents, within a time frame to be stipulated by this Court, the petitioner would be satisfied.

5.I have heard the learned Government Advocate appearing for the respondents, who would submit that, since the representation of the petitioner dated 03.07.2019 i.e., very recently had been given and therefore, the same would be decided on merits, within a reasonable time.

6.Considering the said submission made by both sides and taking in to account of 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 03.07.2019 and pass order thereon, within a period of eight weeks from the date of receipt of a copy of this order. In this regard, if there is any rival claimant, they can also be heard along with the petitioner."

No costs.

Sd/- Assistant Registrar (P&A) // True Copy // Sub Assistant Registrar(CS) To 1.The Tahsildar, Taluk Office, Melur Taluk, Madurai District.

2.The Surveyor, Taluk Office, Melur Taluk, Madurai District.

+1 CC to M/s.R.MURUGAN, Advocate ( SR-74960[F] dated 12/07/2019 ) W.P.(MD)No.15608 of 2019 12.07.2019 rmk JMN(09.09.2019) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/