Madras High CourtWP(MD)/16546/2016disposed of

K.Perumal, S/O.Karuppathevar v. The Tahsildar

2016-09-01Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 01.09.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.16546 of 2016 K.Perumal ... Petitioner Vs.

1.The Tahsildar, Usilampatti Taluk Office, Usilampatti, Madurai District.

2.The Taluk Sub-Inspector (Land Survey), Usilampatti Taluk Office, Usilampatti, Madurai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to measure and demarcate the Petitioner's land property in Survey No.327/2B at the extent of 1419-1/4 sq.ft., situate at Uthappanayakkanur Village, Usilampatti Taluk, Madurai District, based on the fee remitted on 19.08.2016 and in accordance with law within a stipulated time frame, to be fixed by this Court.

For Petitioner : Mr.J.Selvam For Respondent : Mr.J.Gunaseelan Muthiah Govt.Advocate

ORDER

Heard both sides.

2.By consent, the main Writ Petition itself is taken up for final disposal.

3. No counter is filed on behalf of the First Respondent.

4. According to the Petitioner, he made a representation, dated 19.08.2016, in person, to the First Respondent / Tahsildar, Usilampatti Taluk Office, Usilampatti, Madurai District, seeking https://hcservices.ecourts.gov.in/hcservices/

to measure and demarcate the Petitioner's land property. He paid the requisite fee of Rs.100/-, by way of two challans, dated 19.08.2016 and submitted all necessary documents, such as, Sale Deeds, Patta, House Tax Receipts, FMB Sketch and Family Card etc., However, no action has been taken by the Respondents, till date. Hence, he has filed the present Writ Petition before this Court.

5. Considering the fact that the Petitioner's representation, dated 19.08.2016, is pending before the First Respondent / Tahsildar, Usilampatti Taluk Office, Usilampatti, Madurai District, in the subject matter in issue, at this stage, this Court, without expressing any opinion on the merits and contents of the representation of the Petitioner, dated 19.08.2016, simpliciter, directs the First Respondent / Tahsildar, Usilampatti Taluk Office, Usilampatti, Madurai District, to look into the representation of the Petitioner, dated 19.08.

2016, and to dispose of the same, on merits and in accordance with Law, within a period of six weeks from the date of receipt of a copy of this order (of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice, in true letter and spirit, by issuing notice to the Petitioner and others concerned, if situation so warrants). The Petitioner is directed to lend his helping hand and assistance to the Respondents so as to enable the latter to do the needful in his favour, within the time adumbrated by this Court.

6. With the aforesaid observation(s) and direction(s), the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Records) /True copy/ Sub Assistant Registrar To 1.The Tahsildar, Usilampatti Taluk Office, Usilampatti, Madurai District. 2.The Taluk Sub-Inspector (Land Survey), Usilampatti Taluk Office, Usilampatti, Madurai District. +1 cc to M/S. J.Selvam, Advocate in SR.No. 49261 +1 cc to The Special Government Pleader in SR.No. 49405 MPK CSL/GSV-PM/15.09.2016: 2P/5C W.P(MD)No.16546 of 2016 F01.09.2016 https://hcservices.ecourts.gov.in/hcservices/