Madras High CourtWP(MD)/2664/2022disposed of

Pichaimuthu .V v. The Thasildar

2022-02-10Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE V.Pichaimuthu .. Petitioner Vs.

1.The Tahsildar, 2.The Taluk Surveyor, .. Respondents PRAYER: Writ Petition is filed under Article 226 of Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider and dispose of the petitioner's application/representation dated 22.09.2021 and consequently to survey and demarcate the land comprised in Village Survey Nos.18/2 of Perundurai Village, Thirumayam Taluk, Pudukottai District, within a specific time frame as may be fixed by this Court.

For Petitioner : Mr.B.Rooban For Respondents : Mrs.S.Jeyapriya Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to consider the petitioner's representation dated 22.09.2021 seeking for survey and demarcation of his land comprised in Village Survey Nos.18/2 of Perundurai Village, Thirumayam Taluk, Pudukottai District, within a time frame to be fixed by this Court.

2.Heard Mr.B.Rooban, learned counsel appearing for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate, appearing for the respondents.

3.By consent of both parties, this writ petition is taken up for final disposal at the admission stage itself. 1/3

4.The petitioner claims that he is the owner of the aforementioned property. He seeks for survey and demarcation of his property and has given his representation on 22.09.2021 for the said purpose with the respondents. Since the respondents have not considered his representation till date, he has filed this writ petition.

5.No prejudice will be caused to the respondents, if the petitioner's representation dated 22.09.2021 seeking for survey and demarcation of the above mentioned property is considered on merits and in accordance with law, after hearing all the necessary parties, if any.

6.Therefore, this Court directs the second respondent to conduct survey and demarcation of the aforementioned property, for which the petitioner claims ownership, after giving notice to the petitioner as well as the other parties, if any, who may stake claim over the very same property, within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 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, 2/3

2.The Taluk Surveyor, +1 CC to M/s.B.ROOBAN, Advocate ( SR-5827[F] dated 14/02/2022 ) +1 CC to M/s.SPL.GP ( SR-5714[F] dated 11/02/2022 ) 10.02.2022 srk(CO) TR(18.02.2022) 3P 5C 3/3