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Madras High CourtWP(MD)/803/2022disposed of

Abdul Bari.J.K v. The Thasildar

2022-04-12Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE J.K.Abdul Bari .. Petitioner Vs 1.The Tahsildar, Vedachandur Taluk, Dindigul District.

2.The Taluk Surveyor, Vedachandur Taluk, Dindigul District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to survey and demarcate the four boundaries of petitioner's lands situate in S.Nos. 670/2A1, 3A1 and 3B2, Kalwarpatti Village, Vedachandur Taluk, Dindigul District, in the light of application, dated 12.03.2021, made by the petitioner within the time limit that may be stipulated by this Court.

For Petitioner : Mr.Mohammed Rafi for M/s.Ajmal Associates For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey and demarcate the four boundaries of the petitioner's lands situated in S.Nos. 670/2A1, 3A1 and 3B2, Kalwarpatti Village, Vedachandur Taluk, Dindigul District, in the light of application, dated 12.03.2021, made by the petitioner within a time frame to be fixed by this Court. 2.The petitioner has submitted an application to the respondents on 12.03.2021, seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to him and other joint owner based on the sale deeds. Since the said application has not been considered till date, this writ petition has been filed.

3.Heard Mr.Mohammed Rafi, learned Counsel for the writ petitioner and Mr.B.Saravanan, learned Additional Government Pleader who accepts notice on behalf of the respondents. 4.The petitioner has produced documents in support of his case that he is a joint owner of the aforementioned property. He has 1/3

sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given an application on 12.03.2021 for the said purpose.

5.No prejudice would be caused to the respondents, if the application of the petitioner, dated 12.03.2021, is considered on merits and in accordance with law, after hearing the petitioner as well as the rival claimants, if any.

6.Accordingly, this Court directs the respondents to survey and fix the boundaries in the petitioner's land situated in S.Nos. 670/2A1, 3A1 and 3B2, Kalwarpatti Village, Vedachandur Taluk, Dindigul District, after giving notice to the petitioner and rival claimants, if any, within a period of twelve [12] weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The Tahsildar, Vedachandur Taluk, Dindigul District.

2.The Taluk Surveyor, Vedachandur Taluk, Dindigul District.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-18471[F] dated 13/04/2022 ) 2/3

+1 CC to M/s.SPL.GP. ( SR-18605[F] dated 13/04/2022 ) 12.04.2022 NSN(CO) KB(28.04.2022) 3P 5C 3/3