Madras High CourtWP(MD)/16196/2016disposed of

N.Mahalakshmi, v. The Tahsildar

2016-08-30Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.16196 of 2016 N.Mahalakshmi ... Petitioner Vs.

The Tahsildar, South Taluk, Madurai District. ... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus directing the Respondent to survey the boundaries of Plot No.23 in Re-Survey No.22/1 and 23/6 at Samanatham Village, Madurai South Taluk, Madurai District based on the application given by the Petitioner, dated 15.02.2016.

For Petitioner : Mr.v.P.Rajan For Respondent : Mr.J.Gunaseelan Muthaiah, 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 Respondent.

2. According to the Petitioner, the Respondent is bound to survey the land on payment of necessary fee. Further, she is now prepared to raise a compound wall in her plot. Viewed in that perspective, she projected a petition, dated 15.02.2016 to the Respondent, seeking to survey the plot and paid necessary fees to the Respondent on the same day. It appears that her application, dated 15.02.2016 has not met with any positive response/results from the Respondent side. Hence, she has filed the present Writ Petition.

3. Considering the fact the Petitioner has submitted a Petition/Application before the Respondent/Tahsildar, South Taluk, Madurai District, praying to survey the boundaries of her plot No.23 in Re-survey No.22/1 and 23/6 at Samanatham Village, Madurai South Taluk, Madurai District, based on the application, dated 15.02.2016, at this stage, this Court without delving deep into the merits and contents of the representation of https://hcservices.ecourts.gov.in/hcservices/

Petition/Application, dated 15.02.2016, in the interest of justice and fair play, directs the Respondent to take up the Petition/Application of the Petitioner, dated 15.02.2016, within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the Respondent/Thasildar, South Taluk, Madurai District, is to pass a reasoned speaking order on merits on the Application/Petition of the Petitioner, dated 15.02.2016, within a period of four weeks thereafter. (Of course after adhering to the Principles of Natural Justice by issuing notice to the Petitioner and others concerned if any, if situation so warrants). Needless for this Court to make a significant mention that the Petitioner is to render her assistance and unstinted co-operation to the Respondent 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 /True Copy/ Sub Assistant Registrar To The Tahsildar, South Taluk, Madurai District.

+1 cc to MR.V.P.RAJAN, Advocate SR.No.48359 +1 cc to Special Government Pleader SR.No.48139 W.P(MD)No.16196 of 2016 30.08.2016 SMA/CK/14/09/2016 :2P/4C https://hcservices.ecourts.gov.in/hcservices/