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Madras High CourtWP(MD)/18068/2019disposed of

Vellaiyan Chettiyar v. The Tahsildar

2019-08-21Honourable Mr Justice R. Suresh Kumar2 pages

W.P.(MD)No.18068 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.18068 of 2019 Vellaiyan Chettiyar

...Petitioner

-Vs1.The Tahsildar, Taluk Office, Devakottai Taluk, Sivagangai District.

2.The Chief Surveyor, Taluk Office, Devakottai Taluk, Sivagangai District.

...Respondents

Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to measure the lands to the 4 1⁄2 cents in Survey No.102/9, situated at Kottor village, Kottor Group, Periyakarai post, Devakottai Taluk, Sivagangai District by considering the petitioner's representation dated 26.04.2019 within the stipulated period. For Petitioner : Mr.K.Rajeshwaran For Respondents : Mr.P.Kannithevan, A.G.P.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondents to measure the lands of 4 1⁄2 cents in Survey No.102/9, situated at Kottor village, Kottor Group, Periyakarai post, Devakottai Taluk, Sivagangai District by considering the petitioner's representation dated 26.04.2019 within the stipulated period.

2.Heard Mr.K.Rajeshwaran, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondents.

3.In order to survey the land and identify the boundaries at Survey No.102/9 to the extent of 4 1⁄2 cents, situated at Kottar village, Kottor Group, Periyakarai post, Devakottai Taluk, Sivagangai District, the petitioner has given a representation to the respondents on 26.04.2019. The learned counsel appearing for the petitioner would submit that, if the said representation is decided on merits, within a time frame to be stipulated by this Court, the petitioner would be satisfied.

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W.P.(MD)No.18068 of 2019 4.I have heard the learned Additional Government Pleader, who would submit that, the said representation of the petitioner dated 26.04.2019 would be decided on merits within a time frame to be stipulated by this Court.

5.Having regard to the said submissions made by both sides, this Court is inclined to dispose of this writ petition, with the consent of both the parties, at the stage of admission itself, with the following direction:

"The 1st respondent is hereby directed to consider the representation of the petitioner dated 26.04.2019 and pass orders thereon, on merits and in accordance with law, after giving opportunity of being heard to the petitioner, within a period of six weeks from the date of receipt of a copy of this order."

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-I) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The Tahsildar, Taluk Office, Devakottai Taluk, Sivagangai District.

2.The Chief Surveyor, Taluk Office, Devakottai Taluk, Sivagangai District.

+1 CC to SPL GP ( SR-83226[F] dated 22/08/2019 ) +1 CC to Mr.K. RAJESH WARAN, Advocate ( SR-83400[F]dated 26/08/2019 ) Order made in W.P.(MD)No.18068 of 2019 21.08.2019 VB(19.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2