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Madras High CourtWP(MD)/16659/2019disposed of

Arumugam v. The Tahsildar

2019-07-26Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16659 of 2019 Arumugam

...Petitioner

-Vs1.The Tahsildar, Thirumangalam Taluk, 2.The Head Surveyor, Thirumangalam Circle,

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to measure the lands comprised in Survey No.107/7 situated at Vidathakulam Village, Thirumangalam Taluk, Madurai District and fix the boundaries of petitioner lands of an extent of 4 cents in the said survey number by considering petitioner's application dated 25.06.2019 within the time stipulated by this Court. For Petitioner : Mr.B.Santhanam Rajeshkumar For Respondents : Mr.V.Anand Government Advocate

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents herein to measure the lands comprised in Survey No.107/7 situated at Vidathakulam Village, Thirumangalam Taluk, Madurai District and fix the boundaries of petitioner's lands of an extent of 4 cents in the said survey number, by considering petitioner's application, dated 25.06.2019, within a time to be stipulated by this Court.

2.Heard Mr.B.Santhanam Rajeshkumar, learned counsel appearing for the petitioner, Mr.V.Anand, learned Government Advocate appearing for the respondents.

3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 4.The petitioner, in order to survey the land and identify the four boundaries at Survey No.107/7 situated at Vidathakulam Village, Thirumangalam Taluk, Madurai District, made a representation to the respondent, especially, the first respondent on 25.06.2019 and thereafter, a reminder representation was given on 03.07.2019. Hence, the learned counsel appearing for the petitioner submits that, if the said representation is directed to be considered by the first respondent, within a time frame on merits, the petitioner would be satisfied.

5.I have heard Mr.V.Anand, learned Government Advocate appearing for the respondents, who would submit that, the said representation of the petitioner would be decided by the first respondent on merits and final order would be passed, within a time frame.

6.Considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition with the following directions:- "that the first respondent is hereby directed to consider the representation of the petitioner, dated 25.06.2019 and pass orders thereon, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order." No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) To 1.The Tahsildar, Thirumangalam Taluk,

2.The Head Surveyor, Thirumangalam Circle, +1 CC to M/s.B.SANTHANAM RAJESH KUMAR, Advocate ( SR-78724[F] dated 30/07/2019 ) W.P.(MD)No.16659 of 2019 26.07.2019 rmk JMN(13.09.2019) 3P : 4C