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Madras High CourtWP(MD)/25386/2022disposed of

Azhagarsamy.A v. The Thasildar

2022-11-09Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.(MD)No.25386 of 2022 Mr.A.Azhagarsamy ... Petitioner Vs.

1.The Thasildar, Thiruvadanai, Thiruvadanai Taluk, Ramanathapuram District.

2.The Town Surveyor, Thiruvadanai, Thiruvadanai Taluk, Ramanathapuram District.

3.The Inspector of Police, Thondi Police Station, Ramanathapuram 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 1 and 2 to survey and demarcate the petitioner's property in Survey No.157/3 situated in Mukilthagam Village, Thiruvadanai Taluk, Ramanathapuram District admeasuring 2 acre and 29 cents with the aid of the third respondent within the time frame fixed by this Court.

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For Petitioner : Mr.R.J.Karthick For R1 & R2 : Mr.D.Gandhiraj Special Government Pleader For R3 : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

O R D E R

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 and 2 to survey and demarcate the petitioner's property in Survey No.157/3 situated in Mukilthagam Village, Thiruvadanai Taluk, Ramanathapuram District admeasuring 2 acre and 29 cents with the aid of the third respondent.

2. The case of the petitioner is that he has given a representation dated 28.04.2022, to the first respondent seeking to survey and demarcate the property in Survey No.157/3 measuring an extent of 2 acres and 29 cents situated are Mukilthagam Village, Thiruvadanai Taluk, Ramanathapuram District and he has also paid the fee for the same. But till today no action has been taken by the respondents 1 and 2 to survey the land. Hence, he has also given a representation dated 10.08.2022, through registered post to the first respondent. Since the said representation has not been considered, the petitioner has approached this Court by filing this writ petition. 2/5

3. Heard the learned counsel for the petitioner, the learned Special Government Pleader appearing for the respondents 1 and 2 and the learned Government Advocate (Crl.side) appearing for the third respondent.

4. Considering the above said facts, this Court, without expressing any opinion on the merits of the matter, directs the respondents 1 and 2 to consider the petitioner's representation, dated 10.08.2022 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs. 09.11.2022 Index : Yes / No Internet : Yes/ No akv 3/5

To 1.The Thasildar, Thiruvadanai, Thiruvadanai Taluk, Ramanathapuram District.

2.The Town Surveyor, Thiruvadanai, Thiruvadanai Taluk, Ramanathapuram District.

3.The Inspector of Police, Thondi Police Station, Ramanathapuram District.

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V.BHAVANI SUBBAROYAN, J.

akv W.P.(MD)No.25386 of 2022 09.11.2022 5/5