N.Marivel v. The Thasilthar (West)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.12.2017
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD) No.23048 of 2017 N.Marivel ... Petitioner -vs1.
The Tahsilthar (West) Dindigul West Thaluk Office, Kottai Kulam Road, 2.
The Village Administrative Officer, Kurumpapatty Village, Office at near Gandhi Market, 3.
The Firka Surveyor, Kurumpapatty Village, Dindigul Thaluk Office, 4.
The Inspector of Police, Dindigul Taluk Police Station, ... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to dispose of petitioner's representation dated 06.06.2017 in connection with survey of his property in S.No.79/9A Kurumpapatty Village and permit the petitioner to repair his damaged compound wall within a time limit fixed by this Hon'ble Court. For Petitioner : Mr.V.Karuna For Respondents : Mr.M.Alagathevan Spl. Govt. Pleader *****
O R D E R
This petition has been filed, seeking for issuance of a writ of Mandamus, directing the 1st respondent to dispose of petitioner's representation dated 06.06.2017 in connection with
survey of his property in S.No.79/9A Kurumpapatty Village and permit the petitioner to repair his damaged compound wall.
2. Mr.M.Alagathevan, learned Special Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that there is neither civil suit nor rival claim whatsoever pending in respect of the property in question and as such, he has submitted a representation dated 06.06.2017 to the concerned authority for survey of his property. Since the said representation has not been considered so far, the petitioner is before this Court with the above prayer.
4. 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 expressing any opinion on the merits of the matter, directs the first respondent to consider the application/representation of the petitioner dated 06.06.2017 and pass suitable orders regarding survey of the property in question, subject to payment of necessary fee by the petitioner, if already not paid, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and other interested parties, if any.
5. With the above direction, this petition is disposed of. No costs.
Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:
1.
The Tahsilthar (West) Dindigul West Thaluk Office, Kottai Kulam Road, Dindigul.
2.
The Village Administrative Officer, Kurumpapatty Village, Office at near Gandhi Market, 3.
The Firka Surveyor, Kurumpapatty Village, Dindigul Thaluk Office,
4.
The Inspector of Police, Dindigul Taluk Police Station, + 1 cc TO Mr.V.Karuna , Advocate in SR No. 93001 + 1 cc TO The Special Government Pleader in SR No. 93722 ar AE/SV MMS/SAR2/04.01.2018/3P/7C W.P.(MD) No.23048 of 2017 15.12.2017