Madras High CourtWP(MD)/2749/2022disposed of

Rajeshwari v. The Tahsildar

2022-02-10Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.2749 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.02.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.2749 of 2022 R.Rajeshwari ... Petitioner vs.

1.The Tahsildar, Office of the Tirupparankundram Taluk, Tirupparankundram, Madurai - 625 005.

2.The Taluk Surveyor, Office of the Tirupparankundram Taluk, Tirupparankundram, Madurai - 625 005.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents herein to survey and demarcate and fix the boundary stones in the petitioner's lands comprised in Survey No.T.S.No.160/5 of an extent of 3 1⁄2 cents, situated at Block No.54, Ward XXII Madakulam Village, Tirupparankundram Taluk, Madurai District by considering the petitioner's application, dated 24.12.2020 within a time stipulated by this Court.

For Petitioner :Mr.B.Jameel Arasu 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 respondents to survey and demarcate and fix the boundary stones in the petitioner's lands comprised in T.S.No.160/5 measuring to an extent of 3 1⁄2 cents, situated at Block No.54, Ward XXII Madakulam Village, Tirupparankundram Taluk, Madurai District by considering the petitioner's application, dated 24.12.2020 within a time frame to be fixed by this Court.

2.Heard Mr.B.Jameel Arasu, learned Counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the petitioner, he is the absolute owner of the aforementioned property.

Under his representation, dated 24.12.2020, sent to the respondents, he has requested them to survey his property and demarcate and fix boundary stones in the aforementioned property. Since the representation has not been considered till date, he has approached this Court. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.2749 of 2022 4.The relief sought for by the petitioner is an innocuous one. No prejudice would be caused to the respondents if the petitioner's representation is considered on merits and in accordance with law after hearing all the necessary parties including the petitioner, within a time frame to be fixed by this Court. 5.Accordingly, this Court directs the second respondent to consider the representation given by the petitioner, dated 24.12.2020 seeking to conduct survey and demarcate and fix boundary stones for the aforementioned property and pass orders on merits and in accordance with law, after giving notice to the petitioner as well as any other necessary parties, within a period of three months from the date of receipt of a copy of this order. 6.With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The Tahsildar, Office of the Tirupparankundram Taluk, Tirupparankundram, Madurai - 625 005.

2.The Taluk Surveyor, Office of the Tirupparankundram Taluk, Tirupparankundram, Madurai - 625 005.

+1 CC to M/s.SPL.GP ( SR-5736[F] dated 11/02/2022 ) Order made in W.P.(MD)No.2749 of 2022 10.02.2022 SJ(CO) GC(21.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2