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Madras High CourtWP(MD)/12934/2018disposed of

K.Rajamarthandan, v. The Commissioner,

2020-09-29Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR K.Rajamarthandan ... Petitioner Vs.

1.The Commissioner, Pattukottai Municipality, Thanjavur District.

2.The Town Surveyor, Pattukottai Municipality, Thanjavur District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to measure the land in Survey No.419/2, Maharaja Samuthiram Village, Pattukottai Taluk, Thanjavur District to an extend of 1 Acre 50 Cents and fix the four boundaries.

For Petitioner : Mr.K.Kumaravel For Respondents : Mr.C.Ramesh, Special Government Pleader

ORDER

This writ petition is filed seeking for a direction to the respondents to measure the land in Survey No.419/2, Maharaja Samuthiram Village, Pattukottai Taluk, Thanjavur District to an extend of 1 Acre 50 Cents and fix the four boundaries.

2. Heard Mr.K.Kumaravel, learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Special Government Pleader appearing for the respondents.

3.The petitioner has made an application to survey the property in respect of Survey No.419/2, Maharaja Samuthiram Village, 1/3

Pattukottai Taluk, Thanjavur District, but, so far no action has been taken by the authorities and hence, the petitioner has filed the present writ petition.

4.The learned counsel appearing for the petitioner would submit that it is suffice, if a direction is issued to the second respondent to consider the petitioner's representation dated 23.02.2018.

5.The learned Special Government Pleader appearing for the respondents would submit that the petitioner's representation dated 23.02.2018 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court. 6.In agreement with the submission made by the learned Special Government Pleader, without expressing any opinion on the merits of the case, this Court is inclined to pass the following direction:- (i) The second respondent is directed to consider the petitioner's representation dated 23.02.2018 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner and the rival parties, if any. If there is any objection from the rival parties, the respondent shall conduct the enquiry and communicate the decision to the parties concerned.

(ii) The aforesaid exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. 7.This Writ Petition is disposed of, with the above directions. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

2/3

To 1.The Commissioner, Pattukottai Municipality, Thanjavur District.

2.The Town Surveyor, Pattukottai Municipality, Thanjavur District.

+1 CC to M/s.Special Govt.Pleader ( SR-18475[F] dated 30/09/2020 ) +1 CC to M/s.K. KUMARAVEL, Advocate ( SR-18595[F] dated 30/09/2020 ) W.P.(MD) No.12934 of 2020 29.09.2020 am SDS (08.10.2020) 3P-5C 3/3