Parimala Gandhi v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Parimalagandhi ... Petitioner Vs.

1.The Tahsildar, Tahsildar Office, Sathy main road, Annur, Annur Taluk, Coimbatore District.

2.The Taluk Down Surveyor, Land Record Office, Annur Taluk, Coimbatore District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents herein to conduct survey and fix the boundary stones in respect of petitioner property comprised in SF No.272/B of an totally 3 acres 18 cents situated at Vadavakki village, Annur Taluk, Coimbatore District by considering the petitioner's representation dated 06.10.2022 and for other reliefs.

For Petitioner : M/s.C.R.Ponnuthai For Respondents : Mr.P.Gurunathan Additional Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondents herein to conduct survey and fix the boundary stones in respect of petitioner property comprised in SF No.272/B situated at Vadavakki village, Annur Taluk, Coimbatore District by considering the petitioner's representation dated 06.10.2022.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the official respondents.

3. It is the contention of the learned counsel for the petitioner that the petitioner made a representation dated 06.10.2022 before the respondents to conduct survey. Since there was no response from them till date, she filed the present writ petition.

4. Having regard to the submissions made by the learned counsel

on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondents to consider the petitioner's representation dated 06.10.2022 if it is otherwise in order, after giving notice to the petitioner, adjacent land owners of the four boundaries of the subject land and interested parties/other rival claimants if any, and conduct enquiry and survey in the manner known to law and pass appropriate orders on merits and in accordance with law. The abovesaid exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

5. With the abovesaid direction, The Writ Petition is disposed of. There shall be no order as to costs.

22.12.2023 mfa Index:Yes/No Speaking Order: Yes/No

To 1.The Tahsildar, Tahsildar Office, Sathy main road, Annur, Annur Taluk, Coimbatore District.

2.The Taluk Down Surveyor, Land Record Office, Annur Taluk, Coimbatore District.

P.VELMURUGAN, J.

mfa 22.12.2023