← Library
Madras High CourtWP(MD)/18760/2019disposed of

A.Anandhakannan v. The Tahsildar

2019-08-29Honourable Mr Justice R. Suresh Kumar2 pages

W.P.(MD)No.18760 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.18760 of 2019 A.Anandhakannan

...Petitioner

-Vs1.The Tahsildar, Sivagangai Taluk, Sivaganai District.

2.The Taluk Surveyor, Sivagangai Taluk, Sivagangai District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents to survey and demarcate and lay boundary stones in all four boundaries of the petitioner's land comprised in Survey No.230/12 situated at Keelakandani, Sivagangai Taluk, Sivagangai District within a stipulated time.

For Petitioner : Mr.R.Ponkarthikeyan For Respondents : MrB.Bhagawathi Government Advocate

ORDER

The prayer sought for in this writ petition is to direct the respondents to survey and demarcate and lay boundary stones in all four boundaries of the petitioner's land comprised in Survey No.230/12 situated at Keelakandani, Sivagangai Taluk, Sivagangai District within a time to be stipulated by this Court. 2.Heard Mr.R.Ponkarthikeyan, learned counsel appearing for the petitioner and MrB.Bhagawathi, learned Government Advocate appearing for the respondents.

3.With the consent of both sides, this writ petition is taken up for final disposal at the admission stage itself. 4.The petitioner in order to survey and identify four boundaries of his land in Survey No.230/12 situated at Keelakandani, Sivagangai Taluk, Sivagangai District, has made an application to the respondents on 28.06.2019 and on the said date, he paid https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.18760 of 2019 necessary fee and since the same was not considered, he made a representation also, dated 13.08.2019. Therefore, the learned counsel appearing for the petitioner would submit that, if the said application as well as the representation of the petitioner is directed to be decided and needful is done by the respondents, within a time frame, on merits, the petitioner would be satisfied. 5.I have heard MrB.Bhagawathi, learned Government Advocate appearing for the respondents, who would submit that, the said application as well as the representation of the petitioner would be decided on merits and in accordance with law by the respondent, within a time frame to be stipulated by this Court. 6.

In view of the innocuous prayer sought for herein, this Court is inclined to dispose of this writ petition with the following directions:- "that the respondents, especially, the first respondent is hereby directed to consider the application dated 28.06.2019 as well as the representation dated 13.08.2019 of the petitioner and decide the same on merits and in accordance with law, after hearing the petitioner as well as the rival claimants, if any. Accordingly, final order shall be passed thereon, within a period of six weeks from the date of receit of a copy of this order."

7.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar(CS) rmk To 1.The Tahsildar,Sivagangai Taluk, Sivaganai District.

2.The Taluk Surveyor,Sivagangai Taluk, Sivagangai District.

+1CC TO MR.R.PONKARTHIKEYAN, Advocate Sr. No. 84090 W.P.(MD)No.18760 of 2019 29.08.2019 GKG(CO) TR(03.12.2019)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2