Velladurai. C v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 09.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25452 of 2022 and W.M.P(MD)No.19541 of 2022 C.Velladurai ..Petitioner Vs 1.The Tahsildar, Manur, Tirunelveli District.
2.The Taluk Suveyor, Manur, Tirunelveli District.
3.The Inspector of Police, Manur Police Station, Tirunelveli District.
..Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to measure and earmark boundary of the Petitioner's 77 cents of land in R.S.No.122/11 in Vagaikulam Village, Manur Taluk, Tirunelveli District, based on the Petitioner's representation, dated 15.6.2022. For Petitioner :Mr.S.Xavier Rajini For Respondents:Mr.D.Gandhiraj 1 and 2 Special Govt.Pleader For Respodnent-3:Mr.B.Thanga Aravindh Govt.Advocate(Crl.Side)
ORDER
The Petitioner has prayed for issuance of a Writ of Mandamus directing the respondents to measure and earmark boundaries of the Petitioner's 77 cents of land in R.S.No.122/11 in Vagaikulam Village, Manur Taluk, Tirunelveli District, based on the Petitioner's representation, dated 15.6.2022.
2.Mr.D.Gandhiraj, learned Special Government Pleader takes notice for the respondents 1 and 2 and Mr.B.Thanga Aravindh, learned Government Advocate(Crl.Side) takes notice for the third respondent. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.
3.The case of the Petitioner is that the Petitioner had purchased the above said properties and also a well in R.S.No.125/1 in the same village from one R.Thuraichi by way of sale deed in the year 2016 and was in possession and enjoyment of the same.The above said 77 cents of land are agricultural land surrounded by vacant agricultural lands. When the Petitioner tried to create a farm in the said land, the officials of Agriculture Department and Bank told that financial assistance will be extended only if the said land is fenced. Hence the Petitioner wanted to fence the property by earmarking the same and in this regard on
10.11.2021 submitted a representation to the first respondent both the land as well as the well, as referred to above on payment of necessary charges. Further, on 9.2.2022 and 15.6.2022, the Petitioner sent representations in this regard for surveying and earmarking his land. Since no action was taken,the Petitioner has filed this Writ Petition for the relief stated supra.
4.The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that the Petitioner's representation will be considered and appropriate orders will be passed within the time limit prescribed by this Court.
5.In view of the above said submission, this Court,without going into the merits of the matter, directs the first respondent to consider the representation of the Petitioner, dated 15.6.2022 submitted for surveying and demarcating the Petitioner's above properties and the well situated therein and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, as expeditiously as possible.
6.With the above direction, the Writ Petition stands disposed of. No costs.Consequently, connected Miscellaneous Petition is closed. 09.11.2022
Index : Yes/No Internet:Yes/No vsn To 1.The Tahsildar, Manur, Tirunelveli District.
2.The Taluk Suveyor, Manur, Tirunelveli District.
3.The Inspector of Police, Manur Police Station, Tirunelveli District.
V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.25452 of 2022 09.11.2022