R.Ponuthevar, v. The Inspector (Land Survey)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2017 C O R A M THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.23121 of 2017 R.Ponnuthevar ... Petitioner Vs.

1. The Inspector (Land Survey), Divisional Inspector Office, Paramakudi, Ramanathapuram District.

2. The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

3. The Taluk Assistant Inspector (Land Survey), Kadaladi Taluk, Ramanathapuram District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a writ of Mandamus, directing the respondents to survey petitioner's land which is situated in Survey No.160/46 in T.Veppangulam Village, Kadaladi Taluk, Ramanathapuram District by considering the petitioner's representation dated 29/11/2017. For Petitioner : Mr.J.Senthil Kumaraiah For Respondents : 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 respondents.

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 13.11.2017, followed by a representation on 29.11.2017, before the authorities, for measurement of the https://hcservices.ecourts.gov.in/hcservices/

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 representation dated 29.11.2017 is disposed of by the second respondent, on merits.

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 respondents, more particularly, the second respondent, to consider the representation of the petitioner dated 29.11.2017 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-II) /True Copy/ Sub Assistant Registrar To

1. The Inspector (Land Survey), Divisional Inspector Office, Paramakudi,Ramanathapuram District.

2. The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

3. The Taluk Assistant Inspector (Land Survey), Kadaladi Taluk,Ramanathapuram District.

+ 1 cc TO Mr.S.Sabbani Karpura Jothi , Advocate in SR No. 92918 + 1 cc TO The Special Government Pleader in SR No. 93721 gk AE/SV MMS/SAR2/05.01.2018/2P/6C W.P.(MD)No.23121 of 2017 15.12.2017 https://hcservices.ecourts.gov.in/hcservices/