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2014 DIGILAW 1666 (MAD)

M. Innaian v. Thasildhar

2014-06-24

S.RAJESWARAN

body2014
Judgment 1. The above writ petition has been filed by the petitioner for a Mandamus, directing the respondents 1 and 2 to survey, measure and identify Adukkampaarai, S.No.191/1D1-0.8 cents bounded by the land of the petitioner on the south and west, the land of the third respondent on the north road on the east and forbearing the third respondent from preventing the Surveyor to survey the said land. 2. The case of the petitioner is that he is a owner of the land in Adukkumbarai S.No.191/1D1-61 cents. He made an application to the Tahsildar to identify, survey and measure the land. But the third respondent who has nothing to do with the said property, has been objecting to the measurement being taken by the Revenue Authorities. The representations given by the petitioner in this regard are in vain. Though the petitioner has paid the required fees for measurement to be taken, the first respondent Tahsildar has not taken any steps and hence, the petitioner has come up with the present writ petition. 3. The learned Additional Government Pleader, on instructions, would submit that only on the objection given by the third respondent the Tahsildar is unable to measure the property with the help of the Surveyor. 4. The writ petitioner claims that he is the owner of the subject property and therefore his request for measuring his property should have been considered by the respondent-Tahsildar, irrespective of the objections raised by the third respondent. If the third respondent claims to have any right over the property in question, he must be advised to go before the appropriate Forum for establishing his rights, instead of preventing the Tahsildar from taking steps on the request made by the petitioner. I also find from the records as early as 6.2.2012, the petitioner has made a representation to the Tahsildar, and paid the necessary fees for the measurement of the property. But the same has not been done till date. 5. Therefore, I am inclined to allow the writ petition and I direct the petitioner herein to send a copy of the representation made on 6.2.2012 along with the challan in proof of payment made for measuring the property, along with a copy of this order, within 15 days from the date of receipt of a copy of the order, to the first respondent-Tahsildar. On such representation being made along with the enclosures, the first respondent is directed to arrange for measurement of the property with a help of a Surveyor, within two months thereafter and send the same to the petitioner. 6. The writ petition is allowed on the above terms. No costs.