Chinnaponnu v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR Chinnaponnu ... Petitioner /Vs./ 1.The Thasildar, O/o. Alangudi Tahsildar, 2.The Birga Surveyor, Keeramangalam Circle, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to survey the land in S.F.No.105/2A 1A with an extent of 66.2/3 punja land of Keeramangalam North, Alangudi Taluk, Pudukkottai District with help of the police protection. For Petitioner : Mr.D.Baalasundharam For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader

ORDER

Mr.D.Baalasundharam, learned counsel on record for writ petitioner is before this Court.

2. Mr.Aayiram K.Selvakumar, learned Additional Government Pleader, accepts notice on behalf of both the respondents.

3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.

4. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 24.10.2018 wherein writ petitioner has sought to have properties that fell to his share vide decree in S.A.No.1695 of 2000 (decree dated 28.04.2018) measured and boundaries fixed or in other words localized. Writ Petitioner undertakes to pay necessary prescribed charges in this regard.

5. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several 1/3

grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of the writ petition and submits that it will suffice if the respondents are directed to dispose of the aforementioned representation of the writ petitioner, dated 24.10.2018, details of which have been alluded to supra.

6. Learned State counsel submitted that the respondents are the authorities who shall consider the aforementioned representation dated 24.10.2018 made by the writ petitioner (page No.53 of the typed set of papers forming part of the case file).

7. It is made clear that in the course of the representation being considered by the respondents, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the respondents shall give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's representation. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter.

8. The aforesaid representation dated 24.10.2018 shall be disposed of by the respondents on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight (8) weeks from the date of receipt of a copy of this order.

9. The proceeding / order of disposal shall be communicated by the office of the respondents to the writ petitioner under due acknowledgement within seven working days from the completion of aforesaid exercise.

10. Instant Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) sm To 1.The Thasildar, O/o. Alangudi Tahsildar, 2/3

2.The Birga Surveyor, Keeramangalam Circle, +1 CC to M/s.K.BAALASUNDHARAM, Advocate ( SR-86041[F] dated 10/09/2019 ) Order made in Dated:

09.09.2019 KM/(25.09.2019) 3P 4C 3/3