Manirasu v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR Manirasu ... Petitioner Vs.

1.The Tahsildar, O/o.Tahsildar Office, Kulathur, Pudukottai District.

2.The Head Surveyor, Thasildar Office, Kulathur, Pudukottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct respondents 1 and 2 to survey and mark the boundaries in the petitioner's land with an extent of 7.5 ares (18.52 cents) situated at Survey Nos.287/13 and 287/14, Vathanakkottai Village, Kulathur Taluk, Puthukkottai District based on the application 18.12.2017 and subsequent representations dated 11.06.2018 and 14.10.2019 within a stipulated time fixed by this Court.

For Petitioner : Mr.R.P.Ponraj for Mr.R.Karunanidhi For Respondents : Mr.K.Mu.Muthu, Additional Government Pleader.

ORDER

Mr.R.P.Ponraj, learned counsel on record for writ petitioner and Mr.K.Mu.Muthu, learned Additional Government Pleader on behalf of both respondents are before this Court.

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

3. The main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 14.10.2019 wherein writ petitioner has sought measurement, survey and fixing of boundaries of land or in other words localize the land which according to writ petitioner belongs to him. Writ petitioner undertakes to pay prescribed fee and necessary charges in this regard, if not already paid. 1/3

4. 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 first respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 14.10.2019, details of which have been alluded to supra.

5. Learned State counsel submitted that the first respondent is the authority who shall consider the aforementioned representation dated 14.10.2019 made by the writ petitioner (page Nos.13 & 14 of the typed set of papers forming part of the case file).

6. The aforesaid representation dated 14.10.2019 shall be disposed of by the first 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.

7. It is made clear that in the course of the representation being considered by the first respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the first 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. The authority concerned shall not embark upon any exercise which is within the domain of civil Court jurisdiction.

8. The proceeding / order of disposal shall be communicated by the office of the first respondent to the writ petitioner and others concerned (if any) under due acknowledgement within seven (7) working days from the completion of aforesaid exercise.

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

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) ps 2/3

To 1.The Tahsildar, O/o.Tahsildar Office, Kulathur, Pudukottai District.

2.The Head Surveyor, Thasildar Office, Kulathur, Pudukottai District.

+1 CC to Mr.R.KARUNANIDHI, Advocate ( SR-97322[F] dated 11/11/2019 ) +1 CC to SPL GP ( SR-97723[F] dated 12/11/2019 ) 11.11.2019 MK (25.11.2019) 3P 5C 3/3