Madras High CourtWP(MD)/30427/2023disposed of

Loganathan v. The Tahsildar

2024-01-04Honourable Mrs Justice V.Bhavani Subbaroyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Loganathan ... Petitioner -Vs1.The Tahsildar, Dindigul West Taluk, Dindigul.

2.The Taluk Surveyor, Taluk Office, Dindigul West Taluk, Dindigul.

... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to direct the respondents to survey and demarcate the petitioner's property comprised in Survey Nos.364/1E, to an extent of 3885 sq.ft situated at Aruthra Garden, Plot No.42, Seelapadi Village, West Taluk, Dindigul District, by considering the petitioner's representation dated 05.07.2023 within the time frame that may be fixed by this Court.

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For Petitioner : Mr.V.Karuna For Respondents : Mr.D.Gandhi Raj Spl. Govt. Pleader

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus directing the respondents to survey and demarcate the petitioner's property comprised in Survey Nos.364/1E, to an extent of 3885 sq.ft situated at Aruthra Garden, Plot No.42, Seelapadi Village, West Taluk, Dindigul District, by considering his representation dated 05.07.2023 within the stipulated time.

2. Mr.D.Gandhi Raj, learned Special Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. The learned counsel for the petitioner would submit that the petitioner is the owner of the property measuring an extent of 3885 sq.ft comprised in Survey Nos.364/1E situated at Aruthra Garden, Plot No.42, Seelapadi Village, West Taluk, Dindigul District. In order to fix the correct four boundaries, he has given a representation to the respondents. Since the 2/5

said representation is also pending, he has come before this Court with this writ petition. He would further submit that it would suffice if the representation of the petitioner is disposed of by the respondents, on merits and in accordance with law within the time stipulated by this Court.

4. The learned Special Government Pleader appearing for the respondents would submit that the representation of the petitioner will be considered in accordance with law.

5. In view of the above, without going into the merits of the claim made by the petitioner in this Writ Petition, the respondents are directed to pass appropriate orders on the representation of the petitioner, dated 05.07.2023, on merits and in accordance with law, after giving notice to the interested parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition stands disposed of. No costs.

04.01.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn 3/5

To 1.The Tahsildar, Dindigul West Taluk, Dindigul.

2.The Taluk Surveyor, Taluk Office, Dindigul West Taluk, Dindigul.

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V.BHAVANI SUBBAROYAN, J.

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