Madras High CourtWP(MD)/17072/2019disposed of

Vimala v. The Tahsildar

2019-08-02Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.17072 of 2019 Vimala

...Petitioner

-Vs1.The Tahsildar, 2.The Taluk Deputy Surveyor, 3.The Birka Surveyor, Ammapettai, 4.The Inspector of Police, Ammapettai Police Station,

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 to 3 to survey the petitioner's lands bearing Patta No.982, S.No.242/3, 242/4 and Patta No.62 S.No.242/2B situated at Arunthavapuram Village, Papanasam Taluk, Thanjavur District. For Petitioner : Mr.R.Murugappan For Respondents : Mr.B.Bhagawathi Government Advocate

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents 1 to 3 to survey the petitioner's lands bearing Patta No.982, S.No.242/3, 242/4 and Patta No.62 S.No.242/2B situated at Arunthavapuram Village, Papanasam Taluk,

2.Heard Mr.R.Murugappan, learned counsel appearing for the petitioner and Mr.B.Bhagawathi, learned Government Advocate appearing for the respondents.

3.With the consent of both sides, this writ petition is being disposed of at the admissions stage itself.

4.In order to measure the land and identify the four boundaries of the petitioner at Patta No.982, S.No.242/3, 242/4 and Patta No.62 S.No.242/2B, situated at Arunthavapuram Village, Papanasam Taluk, Thanjavur District, the petitioner has given a representation on 12.07.2019. Therefore, the learned counsel appearing for the petitioner submits that, if the said representation is decided by the first respondent, within a time frame on merits, the petitioner would be satisfied. 5.I have heard the learned Government Advocate appearing for the respondents, who would submit that, the said representation of the petitioner, dated 12.07.2019 would be decided on merits by the first respondent, 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 12.07.2019 and pass orders thereon, on merits and in accordance with law, after hearing the petitioner as well as rival claimants, if any. Accordingly, final order shall be passed by the first respondent, within a period of six weeks from the date of receipt of a copy of this order.

7.With the above directions, this writ petition is disposed of. No costs.

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

2.The Taluk Deputy Surveyor, 3.The Birka Surveyor, Ammapettai, 4.The Inspector of Police, Ammapettai Police Station, +1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-79547[F] dated 02/08/2019 ) +1 CC to M/s.SPL GP ( SR-79775[F] dated 05/08/2019 ) rmk W.P.(MD)No.17072 of 2019 02.08.2019 KM/(03.09.2019) 3P 7C