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Madras High CourtWP(MD)/15829/2019disposed of

Thiruselvi v. The Dist. Collector

2019-07-16Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.15829 of 2019 Thiruselvi

...Petitioner

-Vs1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Melur Taluk, Madurai District.

3.The Head Surveyor, Melur Circle, Madurai District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to measure the lands comprised in Survey No.159/5A and 159/5B situated at Uranganpatti Village, Melur Taluk, Madurai District and fix the boundaries of petitioner's lands of an extent of 61 cents in the said survey number by considering petitioner's application dated 10.04.2019 within the time stipulated by this Court. For Petitioner : Mr.B.Santhanam Rajeshkumar For Respondents : Mr.P.Kannithevan Additional Government Pleader

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents herein to measure the lands comprised in Survey Nos.159/5A and 159/5B, situated at Uranganpatti Village, Melur Taluk, Madurai District and fix the boundaries of petitioner's lands of an extent of 61 cents in the said survey number, by considering petitioner's application, dated 10.04.2019, within the time stipulated by this Court.

2.Heard Mr.B.Santhanam Rajeshkumar, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondents. 3.By consent of both sides, this writ petition is taken up for final disposal at the admissions stage itself. https://hcservices.ecourts.gov.in/hcservices/ 4.The petitioner, in order to survey and identify the boundaries of the land in Survey Nos.159/5A and 159/5B, situated at

Uranganpatti Village, Melur Taluk, Madurai District, has made a representation dated 10.04.2019 to the respondents and the same is pending with the respondents. Therefore, seeking a direction as prayed for in this writ petition, the petitioner has approached this Court.

5.Heard Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondents, who would submit that the said representation of the petitioner dated 10.04.2019 pending before the second respondent, would be decided on merits, after hearing the petitioner as well as the rival claimants, if any and the needful would be done within a time frame.

6.Considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following directions:- "that the second respondent is hereby directed to consider the representation of the petitioner dated 10.04.2019, after hearing the petitioner as well as the rival claimants, if any and do the needful as prayed therein and pass final order thereon, within a period of eight 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 District Collector, Madurai District, Madurai. 2.The Tahsildar, Melur Taluk, Madurai District. 3.The Head Surveyor, Melur Circle, Madurai District. +1 CC to Mr.B.SANTHANAM RAJESH KUMAR, Advocate SR-75814. Order made in W.P.(MD)No.15829 of 2019 Dated:

16.07.2019 CS(04.09.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/