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Madras High CourtWP(MD)/16103/2019disposed of

S.Muthurajaj v. The Tahsildar

2019-07-19Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16103 of 2019 S.Muthurajaj

...Petitioner

-Vs1.The Tahsildar, Sivakasi Taluk, Virudhunagar District.

2.The Surveyor, Sivakasi Taluk, Virudhunagar District.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 07.06.2019 and consequently, direct him to measure, survey and fix the boundary line using the Municipal Surveyor for petitioner's share of land of 42 cents situated in survey No.313/5A1A at Allinagaram Village, Theni Taluk, Theni District.

For Petitioner : Mr.N.Baskar Mathuram For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the first respondent to consider the petitioner's representation dated 07.06.2019 and consequently, direct him to measure, survey and fix the boundary line using the Municipal Surveyor for petitioner's share of land of 42 cents situated in survey No.313/5A1A at Allinagaram Village, Theni Taluk, Theni District.

2.Heard Mr.N.Baskar Mathuram, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the respondents.

3.With the consent of both sides, this writ petition is being disposed of at the admissions stage itself.

4.The petitioner, in respect of his land at survey No.313/5A1A at Allinagaram Village, Theni Taluk, Theni District, has made a representation dated 07.06.2019 to the respondents to survey the land and to identify the boundaries. Therefore, the learned https://hcservices.ecourts.gov.in/hcservices/

counsel appearing for the petitioner submits that if the said representation is directed to be decided by the respondent, especially, the first respondent within the time frame on merits, the petitioner would be satisfied.

5.I have heard Mr.M.Rajarajan, learned Government Advocate appearing for the respondents, who would submit that, the said representation of the petitioner would be decided on merits and order would be passed by the first respondent, within a time frame to be stipulated by this Court.

6.Considering the limited scope of the prayer sought for herein, this Court is inclined to dispose of this writ petition with the following direction:- "that the first respondent is hereby directed to consider the representation of the petitioner, dated 07.06.2019 and do the needful and pass final order thereon, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order."

No costs.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Tahsildar, Sivakasi Taluk, Virudhunagar District.

2.The Surveyor, Sivakasi Taluk, Virudhunagar District.

+1 CC to M/s.MUTHURAM LAW ASSOCIATES, Advocate ( SR-76301[F] dated 19/07/2019 ) rmk Order made in W.P.(MD)No.16103 of 2019 19.07.2019 KM/(06.09.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/