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Madras High CourtWP/12463/2022disposed of

Parvathi Ammal v. The Thasildar

2022-06-09Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.12463 of 2022 Parvathi Ammal ...... Petitioner Vs.

The Tahsildar, Taluk Office, Natrampali Taluk, Thiruppathur District.

.....Respondent PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other writ, direction or order in the nature of the writ, directing the respondent herein to consider the Petitioner's representation dated 02.04.2022 and direct the Taluk Surveyor to survey the Petitioner's land and fix the boundary stones around the Petitioner's land comprising in survey No.188/1B to the extent of 5 acres situated at Vettapatti Village, Natrampalli Taluk, Thiruppathur District.

For Petitioner : M/s. E. Kannadasan For Respondents : Mr. A. Anandan, Government Advocate

ORDER

The present petition has been filed seeking a direction to the Respondent/Tahsildar herein to consider the petitioner's representation dated 02.04.2022 and a direction to the Taluk Surveyor to survey and fix the boundary stones around the petitioner's land.

2. It is the case of the petitioner that she purchased the subject property by way of a registered sale deed dated 29.07.1997 and she is in possession and enjoyment of the property. The revenue records of the said property were also transferred in favour of the petitioner. While being so, the adjacent land owners are trying to encroach the petitioner's property. Hence, in order to demarcate the petitioner's land,

she made a representation dated 02.04.2022 to the Respondent/Tahsildar requesting to survey and fix the boundary stones in the petitioner's land. However, till date, the same has not been considered. Hence, the present petition has been filed.

3. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the 3rd Respondent/Tahsildar to consider and dispose of the representation dated 02.04.2022, within the time that may be stipulated by this Court.

4. Learned Government Advocate appearing for the respondent reiterated the report which was filed by the 3rd Respondent/ Tahsildar that though the petitioner claims that she is the owner of the subject property, however, no parent documents in respect of the said property have been produced. Further, the petitioner is not in possession of the said property and there are around ten families residing in the said property.

5. In view of the report of the 3rd Respondent/Tahsildar, the petitioner is not in possession of the said property and no parent documents of the said property have been produced, in the absence of any material to substantiate the claim of the petitioner and in view of the fact that there are around ten families residing in the said property, the prayer sought for in this Writ Petition cannot be considered and this Writ Petition deserves to be dismissed.

6. For the reasons aforesaid, this Writ Petition is devoid on merits and the same is dismissed accordingly, with liberty to the petitioner to work out her remedy before the competent civil forum. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar NHS To The Tahsildar, Taluk Office, Natrampali Taluk, Thiruppathur District.

+1cc to Mr.E.Kannadasan, Advocate, S.R.No.34076 +1cc to the Government Pleader, S.R.No.34606 W.P.No.12463 of 2022 SSV(CO) KM(05/07/2022)