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Madras High CourtWP/9354/2023disposed of

Poovizhi v. The Tahsildar

2023-03-28Honourable Mrs Justice J. Nisha Banu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2023

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Poovizhi ... Petitioner Vs.

1. The Tahsildar,

2. The Taluk Surveyor,

3. The Inspector of Police, Mathur Police Station, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to survey the land and fix the boundaries in Survey No.91/1C to the extent of 66 cents at Sonarahalli Village, Pochampalli Taluk, Krishnagiri District within the time frame fixed by this Court.

Page No.1 of 6

For Petitioner :

Mr.J.Pradeep For Respondents :

Mr.P.Sathish, Additional Government Pleader ******

O R D E R

This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondents to survey the land and fix the boundaries, within a stipulated time.

2. Mr.P.Sathish, learned Additional Government Pleader, takes notice for the respondents. By consent of both sides counsel, this Writ Petition is taken up for passing orders at the stage of admission itself.

3. It is averred in the writ petition that the petitioner's husband is the owner of the property situated at S.No.91/1C measuring an extent of 66 cents at Sonarahalli Village, Pochampalli Taluk, Krishnagiri District. While so, the petitioner's husband died of cancer and before his death, he had executed a 'Will' in favour of the petitioner on 03.09.2020 registered before the Sub Registrar, Pochampalli in D.No.26. After his death, the petitioner succeeded the property Page No.2 of 6

and has been in possession and enjoyment of the same.

4. The petitioner would submit that she made an application on 20.02.2023 to the respondents along with all necessary documents to survey the above land and to measure the same. She has also paid the concerned fees to measure the land and the same was acknowledged by the respondents.

5. According to the learned counsel for the petitioner, the respondents have not taken any steps to measure the petitioner's land. Therefore, the petitioner had sent a representation dated 21.02.2023, but the same was not considered by the respondents till date. Therefore, the present Writ Petition has been filed for a direction to the respondents 2 and 3 to survey the land and fix the boundaries of the petitioner's land.

6. Mr.P.Sathish, learned Additional Government Pleader, appearing on behalf of the respondents submitted that eight weeks time may be stipulated to the respondents to consider the request of the petitioner and for passing Page No.3 of 6

necessary orders.

7. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 21.02.2023 and act on the petitioner's request to survey the land and fix the boundaries in accordance with law, within a period of eight (08) weeks from the date of receipt of a copy of this order and to communicate the same to the petitioner.

8. With the above direction, the Writ Petition is disposed of. No costs. 28.03.2023 sts To:

1. The Tahsildar, Page No.4 of 6

2. The Taluk Surveyor,

3. The Inspector of Police, Mathur Police Station, Page No.5 of 6

J.NISHA BANU, J., sts Order made in Dated:

28.03.2023 Page No.6 of 6