P.Ayyasamy v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2019
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.15830 of 2019 P.Ayyasamy ... Petitioner -Vs1. The Tahsildar, Thiruvengadam Taluk, Tirunelveli District.
2. The Taluk Land Surveyor, C/o.The Tahsildar, Tiruvengadam, Tirunelveli District.
3. Ramsamy ... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to conduct survey of the land property comprised in survey No.72/1A, 1B, 1C admeasuring 5 Acres 46 Cents situate at Alaganeri village, Kuruvikulam Post, Tiruvengadam Taluk, Tirunelveli District for fixing correct boundaries based on the petitioner's representation dated 13.06.2019.
For Petitioner : Mr.R.Krishnan For Respondents : Mr.P.Kannithevan, AGP for RR1 and 2
ORDER
The prayer in this writ petition is for a Writ of Mandamus, directing the respondents to conduct survey of the land property comprised in survey No.72/1A, 1B, 1C admeasuring 5 Acres 46 Cents situate at Alaganeri village, Kuruvikulam Post, Tiruvengadam Taluk, Tirunelveli District for fixing correct boundaries based on the petitioner's representation dated 13.06.2019. 2.Heard Mr.R.Krishnan, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondents 1 and 2. Since no adverse order is going to be passed against the 3rd respondent, notice to him is dispensed with.
3.With the consent of both sides, this writ petition is disposed of at the admission stage itself.
4.The petitioner, for the purpose of measuring the land and identify the four boundaries in order to get patta for the land in survey No.72/1A, 1B, 1C admeasuring 5 Acres 46 Cents situate at Alaganeri village, Kuruvikulam Post, Tiruvengadam Taluk, Tirunelveli District, had given a representation on 13.06.2019 to the respondents 1 and 2, especially, the 1st respondent and even prior to that, though a date was fixed for measuring the land and the petitioner was waiting, the 2nd respondent did not come and therefore, the said representation was given. Hence, the learned counsel appearing for the petitioner would submit that, if the said representation is decided and the needful is done as requested therein, within a time frame by the 1st respondent, the petitioner would be satisfied.
5.I have heard the learned Additional Government Pleader appearing for the respondents 1 and 2, who would submit that, the said representation of the petitioner dated 13.06.2019 would be considered and needful would be done within a time to be stipulated by this Court, after hearing both the petitioner as well as the 3rd respondent herein.
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 direction:
"The respondents, especially, the 1st respondent is directed to consider the representation of the petitioner dated 13.06.2019 and do the needful as requested therein, after hearing the petitioner as well as the 3rd respondent and pass final order thereon, within a period of eight weeks from the date of receipt of a copy of this order. 7.With this direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To
1. The Tahsildar, Thiruvengadam Taluk, Tirunelveli District.
2. The Taluk Land Surveyor, C/o.The Tahsildar, Tiruvengadam, Tirunelveli District.
+1 CC to SPL GP ( SR-75995[F] dated 18/07/2019 ) +1 CC to Mr.R.KRISHNAN, Advocate ( SR-76095[F] dated 18/07/2019 ) Order made in W.P.(MD)No.15830 of 2019 Dated:17.07.2019 arul MK (30.08.2019) 3P 5C