Madras High CourtWP(MD)/17071/2016disposed of

V.Natarajan, S/O.Ayyavu @ v. The Tahsildar,

2016-10-04Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD) No.17071 of 2016 V.Natarajan ... Petitioner -vs1.The Tahsildar Melur Taluk Madurai District 2.The Surveyor Melur Taluk Madurai District ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to make survey to the petitioner's land in Survey Nos.583/3B, 583/3D, 583/3E and 583/4, situated at V.S.Nagaram, Melavalavu, Madurai District and fix boundaries thereon by considering the application of the petitioner, dated 29.01.2016, within a specified period.

For Petitioner :

Mr.A.Mohan For Respondents :

Mr.N.S.Karthikeyan, A.G.P.

O R D E R

Mr.N.S.Karthikeyan, learned Additional Government Pleader, accepts notice on behalf of the respondents and with the consent of both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The prayer in the writ petition is for issuance of a writ of mandamus to direct the respondents to measure the petitioner's lands, comprised in Survey Nos.583/3B, 583/3D, 583/3E and 583/4 of V.S.Nagaram, Melavalavu, Madurai District and fix boundaries thereon by considering his application, dated 29.01.2016, within a stipulated period.

3. The petitioner, in the affidavit filed in support of the writ petition, would submit that he is the absolute owner of the landed property, comprised in Survey Nos.583/3B, 583/3D, 583/3E https://hcservices.ecourts.gov.in/hcservices/

and 583/4 of V.S.Nagaram, Melavalavu, Madurai District and according to him, there is no rival claim and in order to measure the lands and fix boundaries, he submitted an application, dated 29.01.2016, to the respondents and paid necessary fees for the same and the grievance expressed by him is that though the respondents have received his application, they have not taken any action on his application sofar, and hence, he has filed this writ petition.

4. A perusal of the documents produced would disclose that the petitioner's application, dated 29.01.2016, is pending before the respondents right from the month of January, 2016 and taking into consideration the facts and circumstances, the respondents are directed to measure the petitioner's lands, comprised in Survey Nos.583/3B, 583/3D, 583/3E and 583/4 of V.S.Nagaram, Melavalavu, Madurai District and fix boundaries thereon, after giving notice to the neighbouring land owners, within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar To:

1.The Tahsildar, Melur Taluk, Madurai District.

2.The Surveyor, Melur Taluk, Madurai District.

+One cc to Mr.A.Mohan, Advocate, SR.No.58584 +One cc to The Special Government Pleader, SR.No.59207 krk RL/5C/2P/CK/17.10.2016 W.P.(MD) No.17071 of 2016 04.10.2016 https://hcservices.ecourts.gov.in/hcservices/