Ananthi, D/O.Pandi v. The Tahasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.23666 of 2017 Ananthi ... Petitioner Vs.

1. The Tahsildar, Tahasildar Office, Mudukulathur Ramanathapuram District.

2. The Head Surveyor Mudukulathur, Ramanathapuram District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to survey and fixed the boundary stones in respect of the petitioner's land in Survey No.267/3B to an extent of 1 hectare 65.50 ares and Survey No.299/2A to an extent of 8.75 ares situated at Thaliyarenthal Group, Kadambodai Village, Mudukulathur Taluk, Ramanathapuram District by considering the petitioner's representation dated 11.10.2017. For Petitioner : Mr.R.Pon Karthikeyan For Respondents : Mr.M.J.Gunaseelan Muthiah, Government Advocate *****

O R D E R

This writ petition has been filed, seeking to direct the respondents to survey and fixed the boundary stones in respect of the petitioner's land in Survey No.267/3B to an extent of 1 hectare 65.50 ares and Survey No.299/2A to an extent of 8.75 ares situated at Thaliyarenthal Group, Kadambodai Village, Mudukulathur Taluk, Ramanathapuram District, by considering her representation dated 11.10.2017.

2. Mr.J.Gunaseelan Muthiah, learned Government Advocate takes notice for the respondents.

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

4. The case of the petitioner is that there is neither civil suit nor rival claim, whatsoever, is pending in respect of the property in question and as such, she has submitted a representation dated 11.10.2017, before the authorities, for https://hcservices.ecourts.gov.in/hcservices/

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.

5. When the matter is taken up for hearing today, the learned Counsel for the petitioner submitted that it would suffice, if her representation dated 11.10.2017 is disposed of by the first respondent, on merits.

6. 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 first respondent, to consider the representation of the petitioner dated 11.10.2017 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.

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

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To

1. The Tahsildar, Tahasildar Office, Mudukulathur Ramanathapuram District.

2. The Head Surveyor Mudukulathur, Ramanathapuram District.

+1cc to Mr.K.Muthuvai Ilayaraja, Advocate Sr.No.94292 RM VB/GT/SAR4/04/01/2018/2P/4C W.P(MD)No.23666 of 2017 21.12.2017 https://hcservices.ecourts.gov.in/hcservices/