P.Poologasundara Vijayan v. The Thasildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR P.Poologasundara Vijayan ... Petitioner Vs.
1.The Tahsildar, Thirumangalam Taluk Office, Thirumangalam, Madurai District.
2.The Taluk Surveyor, Thirumangalam Taluk Office, Thirumangalam, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents to survey the land in S.F.Nos.54/5A, 54/3A1, 54/3A2, 54/3A3 and 57/2B for a total extent of 3 acres 20 and half cents, situated at Sithalai Village, Thirumangalam Taluk, Madurai District on the basis of the petitioner's application dated 06.02.2019 within the time frame fixed by this Court.
For Petitioner : Mr.M.Palani For Respondents : Mr.B.Bhagawathi, Government Advocate.
ORDER
Mr.M.Palani, learned counsel on record for writ petitioner and Mr.B.Bhagawathi, learned Government Advocate, who accepts notice 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 application dated 06.02.2019 wherein writ petitioner has sought measurement, survey and fixing of boundaries of land which according to writ petitioner belongs to him.
4. Notwithstanding several averments made in the affidavit filed in support of the writ petition, notwithstanding several 1/3
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 application of the writ petitioner, dated 06.02.2019, 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 application dated 06.02.2019 made by the writ petitioner (page Nos.18 & 19 of the typed set of papers forming part of the case file).
6. The aforesaid application dated 06.02.2019 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 application 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 application. 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 ie., first respondent 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 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 (co) // True Copy // Sub Assistant Registrar(CS) ps 2/3
To 1.The Tahsildar, Thirumangalam Taluk Office, Thirumangalam, Madurai District.
2.The Taluk Surveyor, Thirumangalam Taluk Office, Thirumangalam, Madurai District.
+1 CC to Mr.M. PALANI, Advocate ( SR-102147[F] dated 28/11/2019 ) +1 CC to SPL GP ( SR-102686[F] dated 29/11/2019 ) 28.11.2019 VB(03.12.2019) 3P 5C 3/3