Madras High CourtWP(MD)/19903/2016disposed of

Azhagan v. The Tahsildar,

2016-10-19Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD) No.19903 of 2016 Azhagan

...Petitioner

Vs.

1.The Tahsildar, Manapparai Taluk, Trichy District.

2.The Taluk Surveyor, Manapparai Taluk, Trichy District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to survey the lands and fix boundary stones in respect of S.No.590/5B and 590/5D1 situated at Amaiyapuram Village, Manapparai Taluk, Trichy District within a time frame to be stipulated by this Hon'ble Court. For Petitioner : Mr.A.Joel Paul Antony For Respondents : Mr.V.Muruganandham Additional Govt. Pleader

ORDER

The petitioner has filed this Writ Petition seeking a direction, directing the respondents to survey the lands and fix boundary stones in respect of S.Nos.590/5B and 590/5D1 situated at Amaiyapuram Village, Manapparai Taluk, Trichy District within a time frame to be stipulated by this Court.

2.According to the petitioner, he lodged a complaint before the Vaiyampatti Police Station alleging that common pathway has been encroached by a third party. Since no action has been taken on his complaint, the petitioner filed a petition before this Court in Crl.O.P.(MD).No.18652 of 2016 seeking police protection for measuring the land and this Court, by an order dated 28.09.2016, directed the Police to consider his representation. Thereafter, he filed an application before the first respondent to measure the property and fix the boundaries. He has also paid necessary fees as early as on 03.08.2016. Sofar, no order has been passed. Hence, he has filed the present writ petition. 3.Heard the submissions made on either side and perused the documents carefully.

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4.In the above circumstances, the respondents are directed to consider the petitioner's application, dated 09.08.2016, and measure the property, after giving an opportunity to the petitioner as well as rival claimants, with reference to the revenue records and the petitioner's title deeds, within a period of 12 weeks from the date of receipt of a copy of this order. 5.With the above direction, this writ petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar(CS) To 1.The Tahsildar, Manapparai Taluk, Trichy District. 2.The Taluk Surveyor, Manapparai Taluk, Trichy District. +1cc to Mr.A.Joel Paul Antony, Advocate in SR.61395 W.P(MD)No.19903 of 2016 19.10.2016 vs PBK/CK/SAR-III 21.10.2016 ::2p-4c::(IT) https://hcservices.ecourts.gov.in/hcservices/