Nallapillai v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE M.SUNDAR Nalla Pillai ... Petitioner Vs.

1.The Tahsildar, Nilakottai Taluk Office, Nilakottai, Dindigul District.

2.The Head Surveyor, at Nilakottai Taluk Office, Nilakottai Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to survey and demarcate the four boundaries of petitioner's property comprised in S.No.77/1-A having an extent of 0.22.75 Hectares situated at Nadakottai Village, Nilakottai Taluk, Dindigul District by considering petitioner's application dated 04.09.2019 within the stipulated time as fixed by this Court. For Petitioner : Mr.R.Suresh Kumar For Respondents : Mr.M.Pandiarajan Additional Government Pleader

ORDER

Mr.R.Suresh Kumar learned Counsel on record for writ petitioner and Mr.M.Pandiarajan learned Additional Government Pleader, 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. Instant main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 04.09.2019 wherein writ petitioner has made a plea to measure, survey and fix boundaries of land which according to writ petitioner belongs to him. Writ Petitioner undertakes to pay the prescribed fee and charges in this regard and the same shall be received if tendered. If there is an option to tender the same online, the writ petitioner shall do so.

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4. Notwithstanding several averments/ grounds raised / contentions urged in the affidavit filed in support of instant writ petition, learned counsel for writ petitioner abridges the scope of instant writ petition / prayer in instant 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 04.09.2019, 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 04.09.2019 made by the writ petitioner (page No.14 of the typed set of papers forming part of the case file).

6. The aforesaid representation dated 04.09.2019 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 put on notice and 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 ie., the first respondent shall not embark upon any exercise which is within the domain of civil Court jurisdiction.

8. The proceeding / order of disposal of aforementioned representation 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 date of completion of aforesaid exercise, ie., seven days from date of disposal.

9. Instant Writ Petition is disposed of with above directions. There shall be no order as to costs.

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

SSL To 1.The Tahsildar, Nilakottai Taluk Office, Nilakottai, Dindigul District.

2.The Head Surveyor, at Nilakottai Taluk Office, Nilakottai Taluk, Dindigul District.

+1 CC to M/s.R.SURESH KUMAR, Advocate ( SR-103161[F] dated 03/12/2019 ) +1 CC to M/s.SPL GP ( SR-103010[F] dated 02/12/2019 ) SMA/18/12/19/3P/5C 29.11.2019 3/3