Madras High CourtWP(MD)/17614/2021disposed of

Chinnakunju v. The Thasildhar

2021-09-30Honourable Mr Justice Senthilkumar Ramamoorthy2 pages

W.P(MD)No.17614 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.09.2021

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)No.17614 of 2021 Chinnakunju ... Petitioner Vs.

1.The Thasildhar, Office of the Manapparai Thasildhar, Manapparai (Taluk), Trichirapalli District.

2.The Head Surveyor, Office of the Manapparai Thasildhar, Manapparai (Taluk), Trichirapalli 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 first respondent to dispose the unumbered appeal filed by the petitioner dated 10.08.2021 within the time fixed by this Court. For Petitioner : Mr.P.Palaniappan For Respondents : Mr.P.Subbaraj Counsel for State

ORDER

The petitioner seeks a direction to the first respondent to dispose of the appeal filed by him on 10.08.2021. 2.The petitioner states that he is the owner of a property bearing S.Nos.703/2A and 703/3A. He states that he also has the patta in respect thereof. Upon request, it is stated that a survey was conducted by the Sub Surveyor. On account of dissatisfaction with such survey, the petitioner submitted an appeal in terms of Section 8(2) of the Tamil Nadu Survey and Boundaries Act, 1923. The present writ petition is filed for the expeditious disposal thereof. 3.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of both the respondents. He submits that the second respondent may be directed to consider and dispose of such appeal https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.17614 of 2021 expeditiously.

4.Given the limited scope of the present writ petition, it is not necessary to enter findings on the merits thereof. Instead, it is sufficient to direct the second respondent to consider and dispose of the pending appeal expeditiously.

5.Accordingly, the second respondent is directed to consider the petitioner's appeal dated 10.08.2021 and dispose of the same within a period of three (3) months from the date of receipt of a copy of this order after providing a reasonable opportunity to the petitioner and any other persons who would be affected by the conduct of such survey, including the owners of adjoining properties whose boundaries may be impacted by such survey. 6.W.P.(MD)No.17614 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) sji Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Thasildhar, Office of the Manapparai Thasildhar, Manapparai (Taluk), Trichirapalli District.

2.The Head Surveyor, Office of the Manapparai Thasildhar, Manapparai (Taluk), Trichirapalli District.

+1 CC to M/s.SPL.GP ( SR-30873[F] dated 01/10/2021 ) W.P(MD)No.17614 of 2021 30.09.2021 RD(12.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2