Madras High CourtWP(MD)/16013/2016disposed of

K.Madasamy,S/O. Kottalingam, v. The Thasildar,

2016-08-26Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.16013 of 2016 K.Madasamy ... Petitioner Vs.

1.The Thasildar, Ambasamuthiram Taluk, Tirunelveli District.

2.The Land Surveyor, Ambasamuthiram Taluk, O/.Land Surveyor, Tirunelveli District. ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the Respondents to measure the land in Survey No.478, Sub-Division 1A2 in Patta having 64 cents of land situated at Vellakkuli Village, Ambasamuthiram Taluk, Tirunelveli District based on the Petitioner's representation, dated 30.05.2016, within a stipulated time.

For Petitioner : Mr.D.Anbarasu For Respondents : Mr.K.Mahesh Raja, Government Advocate

O R D E R

Heard both sides. By consent, the main Writ Petition itself is taken up for final disposal. No counter-affidavit is filed on behalf of the Respondents.

2. According to the Petitioner, his representation, dated 30.05.2016 addressed to Respondent Nos.1 and 2, is pending till date, wherein he had prayed for measuring the land in Survey No.478, Sub-Division 1A2 measuring an extent of 64 cents situated at Vellakkuli Village, Ambasamuthiram Taluk, Tirunelveli District till date. No action has been taken by Respondent Nos.1 and 2 in the subject matter in issue. Hence, he has filed the present Writ Petition before this Court.

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3. Considering the fact that the Petitioner's representation, dated 30.05.2016, is pending before Respondent Nos.1 and 2 without any progress or disposal, at this stage, this Court in the interest of justice and fair play, directs the Respondents-1 & 2 to look into the representation of the Petitioner and to dispose of the same by passing a reasoned speaking order on merits within a period of four weeks from the date of receipt of a copy of this order (Of course after adhering to the Principles of Natural Justice by issuing notice to the Petitioner and others concerned if any, who are interested in the subject matter in issue).

In case, the Respondents-1 & 2 are in need of any copy of relevant records/certified copy of documents, as the case may be, then, it is open to the Respondents-1 & 2 to call for such records/documents from the possession of the Petitioner by means of issuance of memo/notice and soon after receipt of such memo/notice, it is incumbent on the part of the Petitioner to comply with the plea/request made by the Respondents-1 & 2 without any haziness or hesitation, as expeditiously as possible, so as to enable the Respondents-1 & 2, to do the needful, within the time adumbrated by this Court, as stated supra. Needless for this Court to make a significant mention that the Petitioner is to render his assistance and instinted co-operation to the Respondents-1 & 2 in the subject matter in issue.

With the above said Direction(s)/Observation(s), this Writ Petition stands disposed of. No Costs.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The Thasildar, Ambasamuthiram Taluk, Tirunelveli District.

2.The Land Surveyor, Ambasamuthiram Taluk, O/.Land Surveyor, Tirunelveli District. +1 cc to M/s.D.Anbarasu, Advocate in SR.No.47520 +1 cc to The Special Government Pleader in SR.No. 47698 pm CSL/PV/SAR-III/06.09.2016: 2P/5C W.P(MD)No.16013 of 2016 26.08.2016 https://hcservices.ecourts.gov.in/hcservices/