Madras High CourtWP(MD)/2949/2017disposed of

M.Shajakhan, v. The Tahsildar

2017-02-21Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.2949 of 2017 M.Shajakhan ... Petitioner vs.

The Tahsildar, O/o.the Tahsildar Office, Keelakarai, Ramanathapuram District.

... Respondent PRAYER:

Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondent to survey the petitioner's land and mark four boundaries in Old Survey No.73/3, New Survey No.224/2 and 224/20 to an extent of 3.04 Acres situated at Periyapatinam Village, Keelakarai Taluk, Ramanathapuram District in terms of Section 7 of the Tamil Nadu Survey & Boundaries Act 1923 and by considering the petitioner's representation dated 07.11.2016 within the period that may be stipulated by this Honourable Court.

For Petitioner : Mr.C.Venkatesh Kumar For Respondent : Mr. A.Muthukaruppan Addl. Government Pleader

O R D E R

The petitioner seeks for a Mandamus directing the respondent to survey the petitioner's land and mark the four boundaries in Old Survey No.73/3, New Survey No.224/2 and 224/20 to an extent of 3.04 Acres situated at Periyapatinam Village, Keelakarai Taluk, Ramanathapuram District in terms of Section 7 of the Tamil Nadu Survey & Boundaries Act 1923 based on the petitioner's representation dated 07.11.2016.

2.Needless to say that it is for the respondent to consider the said representation of the petitioner by giving due opportunity of hearing to the rival party and pass an order on merits and in accordance with law. Therefore, this Court, at this stage, is not expressing any view on the claim made by the petitioner.

3.Accordingly, this writ petition is disposed of only with a direction to the respondent to consider the representation of the petitioner and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the rival claimant/claimants. Such exercise shall be done by the respondent, https://hcservices.ecourts.gov.in/hcservices/

within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To The Tahsildar, O/o.the Tahsildar Office, Keelakarai, Ramanathapuram District.

+1cc to AJMAL ASSOCIATES in SR. No.9557 +1cc to SPECIAL GOVERNMENT PLEADER in SR. No.9652 RJ2 JS/MR/28.02.2017/2P-4C W.P(MD)No.2949 of 2017 21.02.2017 https://hcservices.ecourts.gov.in/hcservices/