M. Arivinkumar v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR M.Arivinkumar ... Petitioner Vs.

1. The Tahsildar, Manamelkudi Taluk Pudukottai District.

2. The Taluk Surveyor, Manamelkudi Taluk, Pudukottai District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to survey the property situated at S.No.53/5 Kaarkamalam Village, Manamelkudi Taluk, Pudukottai District and record the boundaries referred to in the application ated 05.03.2018 submitted before the 1st respondent along with the payment of challan and consequently direct the 1st respondent to issue patta in his favour based on his petition dated 27.07.2018 as expeditiously as possible within the time stipulated as prescribed by this Court. For Petitioner : Mr.Dhilipan Pandian for Mr.S.Elumalai For Respondents : Mr.V.Anand Government Advocate

ORDER

This Writ Petition has been filed for a Writ of Mandamus to direct the respondents to survey the property situated at S.No.53/5 Kaarkamalam Village, Manamelkudi Taluk, Pudukottai District and record the boundaries referred to in the application dated 05.03.2018 submitted before the 1st respondent along with the payment of challan and consequently direct the 1st respondent to issue patta in his favour based on his petition dated 27.07.2018. 2.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents. 3.In order to survey the land and identify the four boundaries and to issue patta in the name of the petitioner, in respect of the land at S.No.53/5 Kaarkamalam Village, Manamelkudi Taluk, Pudukottai District, the petitioner had given application 1/3

through online on 27.07.2018 and the said application with application No.2018/0105/22/037379 has been received on the said date and acknowledgment to that effect has been given by the first respondent. However, the said application, so far, has not been acted upon, it seems. Hence, the petitioner has approached this Court with this writ petition with the aforesaid prayer.

4. In this regard, the learned counsel for the petitioner would submit that, if the said application is considered and decided on merits within a time frame by the first respondent, the petitioner would be satisfied.

5. Heard the learned Additional Government Pleader, who would submit that, the said application of the petitioner would be considered on merits and needful would be done and final order would be passed thereon within a time frame to be stipulated by this Court.

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

"That the first respondent is hereby directed to consider the application of the petitioner, dated 05.03.2018 and 27.07.2018, and do the needful and pass final order thereon on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order and in this regard, if need arises, the petitioner as well as the rival claimants, if any, can also be heard by the first respondent and accordingly, final order, as indicated above, can be passed. No costs.

Sd/- Assistant Registrar (writs) // True Copy // Sub Assistant Registrar(CS ) To

1. The Tahsildar, Manamelkudi Taluk Pudukottai District.

2. The Taluk Surveyor, Manamelkudi Taluk, Pudukottai District.

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+1 CC to SPLGP ( SR-84893[F] dated 03/09/2019 ) +1 CC to Mr.R.ANAND, Advocate ( SR-85168[F] dated 04/09/2019 ) 30.08.2019 rr MK (24.10.2019) 3P 5C 3/3