Madras High CourtWP(MD)/2315/2016disposed of

M.Abdul Rahuman, v. The Tahsildar

2023-03-07Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2023

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY and W.M.P.(MD)No.2043 of 2016 M.Abdul Rahuman ... Petitioner Vs.

The Thasildar, Kumbakonam Taluk, Kumbakonam.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling the records relating to the respondent made in A.K.Ma.657/2015/D(1) dated 15.09.2015 and quash the same and consequently direct the respondent to survey the property comprised in R.S.No.201/3 and R.S.No.251/7A of Melakaveri Village, Kumbakonam Taluk, Thanjavur District. For Petitioner : Mr.K.Govindarajan For Respondent : Mr.M.Saravanan, Additional Government Pleader.

ORDER

By this writ petition, the petitioner challenges an order dated 15.09.2015 and seeks consequential direction for the survey of the property comprised in 1/4

R.S.No.201/3 and R.S.No.251/7A of Melakaveri Village, Kumbakonam Taluk, Thanjavur District.

2.The petitioner states that he approached the respondent for survey of the property by submitting necessary documents on 05.08.2015. He also submitted a representation dated 15.08.2015. Since the representation was rejected by the impugned communication dated 15.09.2015, the present writ petition is filed.

3.The learned Additional Government Pleader submits that the impugned order was issued in view of the rival claim in respect of the property in R.S.No. 251/7A. He submits that the request of the petitioner would be reconsidered and appropriate orders would be passed within 15 days. 4.In view of the above said submission, the order dated 15.09.2015 is quashed. The petitioner is directed to provide all necessary documents in this connection to the respondent, within a period of one week from the date of receipt of a copy of this order. Upon receipt of the same, the respondent is directed to reconsider the representation and pass orders thereon, within a period of 15 days from the date of receipt of the documents. Before taking a decision, the respondent shall put all interested parties on notice. 2/4

5.W.P.(MD)No.2315 of 2016 is disposed of on these terms without any order as to costs. Consequently, connected W.M.P.(MD)No.2043 of 2016 is closed.

07.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No gns To The Thasildar, Kumbakonam Taluk, Kumbakonam.

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SENTHILKUMAR RAMAMOORTHY, J.

gns 07.03.2023 4/4