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S. Hariharan Vs. The Tahsildar, Tirunelveli District - Court Judgment

SooperKanoon Citation

Court

Chennai Madurai High Court

Decided On

Case Number

W.P(MD)No. 9892 of 2016

Judge

Appellant

S. Hariharan

Respondent

The Tahsildar, Tirunelveli District

Excerpt:


.....date, the representation/communication of the petitioner, dated 5.2.2016 is pending and has not met with any positive response. 4. in view of the fact that the petitioner's representation, dated 5.2.2016 in the subject-matter in issue is pending with the respondent/the tahsildar, taluk office, nanguneri, tirunelveli district, this court, in the interest of justice, equity, fair play, good conscience and even as a matter of prudence, directs the respondent to look into the representation of the petitioner, dated 5.2.2016 and to dispose of the same on merits(of course after providing necessary opportunity to the petitioner and others concerned, if any by adhering to the principles of natural justice) within a period of four weeks from the date of receipt of a copy of this order. it is open to the petitioner to produce copies of all necessary/relevant documents before the respondent/the tahsildar, taluk office, nanguneri, tirunelveli district and the respondent shall take into consideration of the same at the time of disposal of the representation of the petitioner, dated 5.2.2016. 5. with the aforesaid observations and directions, the writ petition stands disposed of. no costs.

Judgment:


(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to conduct the survey and put up the survey stone in the Petitioner's property in S.No.1957/1, Moolakaraipatti Part II Village, Nanguneri Taluk, Tirunelveli District within the time stipulated by this Court.)

1. Heard both sides.

2. By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3. According to the Petitioner, after his father's demise, patta was transferred in the name of himself, his brothers and sisters. Therefore, they want to know about the boundaries and actual position of the land in S.No.1957/1 at Moolakaraipatti Part-II Village, Nanguneri Taluk, Tirunelveli District. In this regard, the Petitioner has projected an application to the respondent/Thasildar, Taluk Office, Nanguneri, Tirunelveli District in person on 5.2.2016 to survey the aforesaid property and to put up the survey stone. Till date, the representation/communication of the Petitioner, dated 5.2.2016 is pending and has not met with any positive response.

4. In view of the fact that the Petitioner's representation, dated 5.2.2016 in the subject-matter in issue is pending with the respondent/The Tahsildar, Taluk Office, Nanguneri, Tirunelveli District, this Court, in the interest of justice, Equity, Fair Play, Good Conscience and even as a matter of prudence, directs the respondent to look into the representation of the Petitioner, dated 5.2.2016 and to dispose of the same on merits(of course after providing necessary opportunity to the Petitioner and others concerned, if any by adhering to the principles of natural justice) within a period of four weeks from the date of receipt of a copy of this order. It is open to the Petitioner to produce copies of all necessary/relevant documents before the respondent/The Tahsildar, Taluk Office, Nanguneri, Tirunelveli District and the respondent shall take into consideration of the same at the time of disposal of the representation of the Petitioner, dated 5.2.2016.

5. With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.




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