M.Sehu Abubacker v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 26.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.13120 of 2016 M.Sehu Abubacker ..Petitioner Vs 1.The Tahsildar,Taluk Office, Thiruvadanai, Ramanathapuram District.

2.The Taluk Head Surveyor, Taluk Office, Thiruvadanai,Ramanathapuram District.

3.The Taluk Assistant Surveyor, Taluk Office, Thiruvadanai, Ramanathapuram District.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents No.1 to 3 to survey and fix the boundary of the Petitioner's land in S.No.72/465 B having an extent of 0.01000 sq.meter situated at Thondi Perumal Kovil Sannathi Street, Thiruvadanai Taluk, Ramanathapuram District based on the Petitioner's representation dated 29.6.2016 within the time stipulated by this Court.

For Petitioner : M/s.S.Muthukumar For Respondents : Mr.S.Kumar Addl.Govt.Pleader

ORDER

Heard both sides.

2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3.No counter is filed on behalf of the Respondents. 4.According to the Petitioner, he owns a land in S.No.72/465B, measuring an extent of 0.0100 sq.meter situated at Thondi Perumal Kovil Sannathi Street, Thiruvadanai Taluk, Ramanathapuram District and is in possession and enjoyment of the same. In the above said

land, a house as well as a well is situated. In fact, he is paying the house-tax and the patta also stands in his name. He desires to fence his property by way of constructing a compound wall, for which, he has decided to survey his property to fix the proper boundary and to protect his house. 5.The stand of the Petitioner is that for putting fence in his property, it is just and necessary to fix and survey the boundary. Therefore he has applied for the same before the Taluk Assistant Surveyor, Thiruvadanai, Ramanathapuram District on 31.5.2016 and also paid the necessary fees on the same date. Thereafter, the Respondents and their survey officials have not come to survey and fix the boundary of his property. Therefore, the Petitioner has once again approached the Respondents No.1 to 3 Office, but it proved futile. Also, he made a representation to the Respondents and other higher officials on 29.6.2016. Even then, no action was taken by them. Hence the Petitioner has filed the present Writ Petition before this Court.

6.In view of the fact that the Petitioner's representation, dated 29.6.2016 is pending before the Respondents, at this stage, this Court, in the interest of justice and fair play, simpliciter, directs the First Respondent/The Tahsildar, Taluk Office, Thiruvadanai, Ramanathapuram District to look into the representation of the Petitioner, dated 29.6.2016 within a period of one week from the date of receipt of a copy of this order. Thereafter, the First Respondent is directed to pass a reasoned speaking order on merits, in a free, fair and dispassionate manner(of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice in true letter and spirit) within a period of three weeks thereafter.

It is open to the Petitioner to produce copies of all necessary/relevant documents before the First Respondent and who in turn shall take into consideration of the same at the time of disposal of the representation of the Petitioner, dated 29.6.2016. The Petitioner is directed to lend his assistance and co-operation to the First Respondent in disposing of his representation, dated 29.6.2016. 7.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar

To 1.The Tahsildar, Taluk Office, Thiruvadanai, Ramanathapuram District.

2.The Taluk Head Surveyor, Taluk Office, Thiruvadanai, Ramanathapuram District.

3.The Taluk Assistant Surveyor, Taluk Office, Thiruvadanai, Ramanathapuram District.

+1cc to M/S.S.MUTHUKUMAR, ADVOCATE IN SR.NO : 39444 +1cc to M/S.THE SPECIAL GOVERNMENT PLEADER,SR NO: 39421 vsn JA-DB/01/08.2016/3P:6C W.P(MD)No.13120 of 2016 26.07.2016