S.Devaraj v. The Tashildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR S.Devaraj ... Petitioner Vs.

1.The Tashildar, 2.The Head Surveyor, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to measure and demarcate the petitioner's land in Survey No.11/7, measuring to an extent of 41.00 in Patta No.982 at Kovilur, Dindigul East Taluk, Dindigul District within the period that may be stipulated by this Court.

For Petitioner : Mr.G.Thiagarajan for Mr.B.Senthilkumar For Respondents : Mr.B.Bhagavathi Government Advocate

ORDER

Mr.G.Thiagarajan, representing Mr.B.Senthilkumar, learned counsel on record for writ petitioner is before this Court.

2. Mr.B.Bhagavathi, learned Government Advocate, accepts notice on behalf of 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 now turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 06.02.2019 wherein writ petitioner sought lands covered under Patta No.982 to be measured and boundaries fixed. In other words the prayer is for localising the lands. To be noted, according to the writ petitioner these lands are writ petitioner's ancestral property and writ petitioner is carrying agricultural activities there.

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5. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several 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 second respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 06.02.2019, details of which have been alluded to supra.

6. Learned State counsel submitted that the second respondent is the authority who shall consider the aforementioned representation dated 06.02.2019 made by the writ petitioner (page No.2 of the typed set of papers forming part of the case file).

7. The aforesaid representation dated 06.02.2019 shall be disposed of by the second respondent 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.

8. It is made clear that in the course of the representation being considered by the second respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the second respondent 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.

9. The proceeding / order of disposal shall be communicated by the office of the second respondent to the writ petitioner under due acknowledgement within seven (7) working days from the completion of aforesaid exercise.

10. Instant Writ Petition is disposed of with the above directions. There shall be no order as to costs. Sd/- Assistant Registrar /TRUE COPY/ Sub Assistant Registrar SSL To 1.The Tashildar, 2/3

2.The Head Surveyor, +1 CC to M/s.SPL GP ( SR-87561[F] dated 18/09/2019 ) +1 CC to M/s.B.SENTHILKUMAR, Advocate ( SR-87657[F] dated 19/09/2019 ) +1 CC to M/s.B.SENTHILKUMAR, Advocate ( SR-87709[F] dated 19/09/2019 ) 17.09.2019 JM/10.10.2019/3P/6C 3/3