Eshwaran.T v. The Land Surveyor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.930 of 2022 T.Eshwaran ... Petitioner vs.

1. The Land Surveyor, Land Survey Department, Office of the Tahsildar, Andipatti Taluk, Theni District.

2. The Tahsildar, Andipatti Taluk, Theni District.

3. K.Rajaram

4. G.Rajaram ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first and second respondents to measure, demarcate the petitioner's property in Survey No.510/2 total extent of 1.42.50 Ares, situated at Mayiladumparai Village, Chinnamanur Sub-Division, Andipatti Taluk, Theni District in the light of the necessary payment paid by the petitioner.

For Petitioner :Mr.K.Kevin Kumar For Respondents :Mr.D.Sasikumar Additional Government Pleader

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the first and second respondents to measure and demarcate the petitioner's property in Survey No.510/2 total extent of 1.42.50 Ares, situated at Mayiladumparai Village, Chinnamanur Sub-Division, Andipatti Taluk, Theni District. 2.The petitioner has submitted a representation to the respondents on 24.09.2021 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to him absolutely. Since the said representation has not been considered till date, this writ petition has been filed.

1/3

3.Heard Mr.K.Kevin Karan, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader appearing for the respondents 1 and 2. 4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought for survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 24.09.2021 for the said purpose.

5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 24.09.2021 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 second respondent to survey and fix the boundaries in the petitioner's property in Survey No.510/2 total extent of 1.42.50 Ares, situated at Mayiladumparai Village, Chinnamanur Sub-Division, Andipatti Taluk, Theni 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(CSI) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To

1. THE LAND SURVEYOR, LAND SURVEY DEPARTMENT, OFFICE OF THE TAHSILDAR, ANDIPATTI TALUK, THENI DISTRICT.

2. THE TAHSILDAR, ANDIPATTI TALUK, THENI DISTRICT.

2/3

+1 CC to M/s.SPL.Government Pleader ( SR-16868[F] dated 06/04/2022 ) +1 CC to M/s.K. KEVIN KARAN, Advocate (SR-17283[F] dated 07/04/2022) Order made in W.P.(MD)No.930 of 2022 05.04.2022 SP/29/04/2022/3P/5C 3/3