Madras High CourtWP(MD)/4201/2017disposed of

A.Kannan v. The Thasildhar

2017-12-06Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.4201 of 2017 A.Kannan ... Petitioner Vs.

1.The Tahsildar, Taluk Office, Kariapatti Taluk, 2.The Surveyor Taluk Office, Kariapatti Taluk, 3.The Special Officer, Panchayat Union, Sooranur Panchayat Kariapatti Taluk, 4.S.Murugesan 5.K.Mokkaiyan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents 2 and 3 to Survey the Properties in Survey Nos.24/10, 24/16, 24/27, 24/31, 24/32, 24/37, 24/40, 38/24, 38/32 and 38/43 in respect of the Koovarkulam, Mudukkankulam post, Kariapatti Taluk, For Petitioner : Mr.A.C.Asaithambi For Respondents : Mr.J.Gunaseelan Muthiah, - For R.1 to R.3 Government Advocate : Mr.N.Tamilmani - For R.4 & R.5 ******

O R D E R

This writ petition has been filed, seeking to direct the respondents 3 and 4 to Survey the Properties in Survey Nos.24/10, 24/16, 24/27, 24/31, 24/32, 24/37, 24/40, 38/24, 38/32 and 38/43 in respect of the Koovarkulam, Mudukkankulam post, Kariapatti Taluk,

2. Heard the learned counsel on either side.

3. The case of the petitioner is that there is neither civil suit nor rival claim whatsoever pending in respect of the property in question and as such, he has submitted an application dated 27.12.2016 for measurement and survey of the property. Since the said application has not been considered so far, the petitioner is before this Court with the above prayer.

4. The learned Counsel for the respondents 1 to 3 has submitted that the representation of the petitioner lacks necessary information with regard to the extent of land and therefore, the authorities are not in a position to process his representation. He fairly submitted that in the event of the petitioner submitting a proper application with necessary details, the same shall be considered by the first respondent on merits, in a time bound manner.

5. Considering the facts and circumstances of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matter, directs the petitioner to submit a fresh representation with necessary details before the first respondent, within a period of two weeks from the date of receipt of a copy of this order and on such filing, the first respondent is directed to consider the same, on payment of necessary charges, if not already paid and pass suitable orders regarding measurement of the property on merits and in accordance with law, within a period of six weeks

thereafter, after affording an opportunity of hearing to the petitioner as well as other interested parties, if any.

6. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:

1.The Tahsildar, Taluk Office, Kariapatti Taluk, 2.The Surveyor Taluk Office, Kariapatti Taluk, 3.The Special Officer, Panchayat Union, Sooranur Panchayat Kariapatti Taluk, +1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 91567 +1cc to M/s.N.TAMILMANI Advocate in SR. No. 91210 +1cc to Mr.A.C.ASAITHAMBI Advocate in SR. No. 91521 RM JS/MR.KKR/SAR.1/21.12.2017/3P-7C W.P(MD)No.4201 of 2017 06.12.2017