Madras High CourtWP(MD)/2638/2022disposed of

Prabhu .D v. The Tahsildhar

2022-02-09Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.2638 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.2638 of 2022 D.Prabhu ... Petitioner Vs.

1.The Tahsildar, Kamuthi Taluk, Ramanathapuram District.

2.The Head Surveyor, Kamuthi Taluk, Ramanathapuram District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to survey and demarcate the petitioner's land comprised in Survey No.456/26 admeasuring to an extent of 5 cents situated in Mela Mudi Mannarkottai Panchayat, Kottaiyur Village, Kamuthi Taluk, Ramanathapuram District.

For Petitioner : Mr.A.Vadivel For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey and demarcate the petitioner's land comprised in Survey No.456/26 admeasuring an extent of 5 cents situate in Mela Mudi Mannarkottai Panchayat, Kottaiyur Village, Kamuthi Taluk, Ramanathapuram District. 2.According to the petitioner, the aforementioned property is owned by him and he seeks for survey and demarcation of his property. The petitioner has paid the necessary charges for the same on 15.07.2021. According to the petitioner, till date, despite the payment of charges the respondents have not surveyed and demarcated the petitioner's land. In such circumstances, the petitioner has filed this writ petition.

3.Heard Mr.A.Vadivel, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.2638 of 2022 4.The relief sought for by the writ petitioner is an innocuous one. No prejudice would be caused to the respondents if the petitioner's application seeking for survey and demarcation of his land mentioned supra is considered on merits and in accordance with law after hearing all the necessary parties including the petitioner and also affording him sufficient opportunity. 5.Accordingly, this Court directs the second respondent to pass final orders on the petitioner's application seeking for survey and demarcation of his land comprised in Survey No.

456/26 admeasuring an extent of 5 cents situate in Mela Mudi Mannarkottai Panchayat, Kottaiyur Village, Kamuthi Taluk, Ramanathapuram District, on merits and in accordance with law after hearing all the necessary parties if any, including the petitioner within a period of twelve [12] weeks from the date of receipt of a copy of this order. 6.With the aforesaid direction, the writ petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 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, Kamuthi Taluk, Ramanathapuram District.

2.The Head Surveyor, Kamuthi Taluk, Ramanathapuram District.

+1 CC to M/s.A.VADIVEL, Advocate ( SR-4953[F] dated 09/02/2022 ) +1 CC to M/s.SPL GP ( SR-5349[F] dated 10/02/2022 ) ORDER MADE IN W.P.[MD]No.2638 of 2022 09.02.2022 PK(CO) TR(21.02.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2