Madras High CourtWP(MD)/3834/2017disposed of

Swamy Dhas, S/O.Velappan, v. The Thasildar,

2017-03-03Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD) No.3834 of 2017 Swamy Dhas ... Petitioner -vsThe Thasildhar Kalkulam Taluk Thuckaly Kanyakumari District ... Respondent PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent to fix the boundaries of the property of the petitioner situated in re-survey number A2/1/3-9A in Thuchkalay Village, Kalkulam Taluk, Kannyakumari District, by surveying the land on the basis of the petitioner's representation, dated 21.11.2016 and 31.01.2017.

For Petitioner :

Mr.K.P.Narayanakumar For Respondent :

Mr.T.S.Mohammed Mohideen Addl. Govt. Pleader

O R D E R

Mr.T.S.Mohammed Mohideen, learned Additional Government Pleader, takes notice for the respondent. With the consent of both sides, the writ petition is taken up for final hearing at the admission stage itself.

2. The prayer in the writ petition is for issuance of a writ of mandamus to direct the respondent to fix boundaries for the petitioner's property situated in R.S.No.A2/1/3-9A of Thuchkalay Village, Kalkulam Taluk, Kannyakumari District, by surveying the land and based on his representations, dated 21.11.2016 and 31.01.2017.

3. It is needless to say that it is for the respondent to consider the petitioner's representation and to pass orders on the same on merits and in accordance with law after affording due opportunity to the rival claimants if any.

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4. Accordingly, the writ petition is disposed of, without expressing any view on the claim made by the petitioner, only with a direction to the respondent to consider the petitioner's representations, dated 21.11.2016 and 31.01.2017, and to pass

orders on the same on merits and in accordance with law, after affording due opportunity to the rival claimants if any, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar To:

The Thasildhar, Kalkulam Taluk, Thuckaly, Kanyakumari District.

+1 cc to M/R.K.P.NARAYANA KUMAR, Advocate, SR.NO:12261 +1 cc to M/S.SPECIAL GOVERNMENT PLEADER, SR.NO:12319 KRK SVA/BS/20.03.2017/2P/4C W.P.(MD) No.3834 of 2017 03.03.2017 https://hcservices.ecourts.gov.in/hcservices/