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Madras High CourtWP(MD)/18926/2019disposed of

Prema v. The Tahsildar

2019-08-30Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR Prema

...Petitioner

-Vs1.The Tahsildar, Thirupparankundram Taluk, Madurai District.

2.The Head Surveyor, Thirupparankundram Taluk, Madurai District.

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to survey the land comprised in Survey No.131/15A1C under Patta No.22992 situated at Thanakkankulam Village, Thiruparankundram Taluk, Madurai District and to demarcate the four boundaries by considering the application of the petitioner dated 30.04.2019 within a time stipulated by this Court.

For Petitioner : Mr.M.Vivek Kumar For Respondents : Mr.P.Kannithevan Additional Government Pleader

ORDER

The prayer in this writ petition is for a Writ of Mandamus, to direct the respondents herein to survey the land comprised in Survey No.131/15A1C under Patta No.22992 situated at Thanakkankulam Village, Thiruparankundram Taluk, Madurai District and to demarcate the four boundaries, by considering the application of the petitioner dated 30.04.2019, within a time frame to be stipulated by this Court.

2.Heard Mr.M.Vivek Kumar, learned counsel appearing for the petitioner and Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondents.

3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 1/3

4.In order to survey the land and identify four boundaries in Survey No.131/15A1C situated at Thanakkankulam Village, Thiruparankundram Taluk, Madurai District, the petitioner had given an application and paid necessary fee to the respondents on 30.04.2019 and thereafter, on 21.08.2019, he has given a latest representation by way of reminder seeking indulgence of the respondents to act upon on the said representation. Since the same has not been considered sofar, the petitioner has approached this Court with the aforesaid prayer.

5.The learned counsel appearing for the petitioner submitted that if the said application followed by the representation of the petitioner is directed to be considered on merits, within a time frame, the petitioner would be satisfied.

6.I have heard Mr.P.Kannithevan, learned Additional Government Pleader appearing for the respondents, who would submit that, the application of the petitioner dated 30.04.2019 followed by the reminder representation dated 21.08.2019 would be considered by the respondent, within a time to be stipulated by this Court. 7.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 application of the petitioner dated 30.04.2019 followed by the reminder representation dated 21.08.2019 and pass order thereon, after giving an opportunity of being heard to the petitioner as well as the rival claimants, if any, within a period of eight weeks from the date of receipt of a copy of this order." 8.With the above directions, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /TRUE COPY/ Sub Assistant Registrar To 1.The Tahsildar, Thirupparankundram Taluk, Madurai District.

2.The Head Surveyor, Thirupparankundram Taluk, Madurai District.

2/3

+1 CC to M/s.M.VIVEK KUMAR, Advocate ( SR-84674[F] dated 30/08/2019 ) rmk JM/26.09.2019/3P/4C 3/3