Madras High CourtWP(MD)/2803/2022disposed of

Manikandan .D v. The Tahsildar

2022-02-11Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.2803 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.2803 of 2022 D.Manikandan ... Petitioner Vs.

1.The Tahsildar, Pattukottai, Thanjavur District.

2.The Land Surveyor, Aandikadu, Pattukottai Circle, Thanjavur 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 fix boundaries in the petitioner's property in Survey Nos.225/1C1 and 226/3A2, 226/3B3, situated at Pukkarambai Panchayat, Pattukottai Circle, Thanjavur District as per the provision contemplated under Section 9 and 10 of The Tamil Nadu Survey and Boundaries Act, within a stipulated time fixed by this Court. For Petitioner : Mr.K.Sathish Kumar 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 fix boundaries in the petitioner's property in Survey Nos.225/1C1 and 226/3A2, 226/3B3, situated at Pukkarambai Panchayat, Pattukottai Circle, Thanjavur District as per the provisions contemplated under Sections 9 and 10 of the Tamil Nadu Survey and Boundaries Act, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 03.01.2022 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. 3.Heard Mr.K.Sathish Kumar, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of both the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.2803 of 2022 4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 03.01.2022 for the said purpose.

5.No prejudice would be caused to the respondents if the representation of the petitioner dated 03.01.2022 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 Nos.225/1C1 and 226/3A2, 226/3B3, situated at Pukkarambai Panchayat, Pattukottai Circle, Thanjavur 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 (T&P) // 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, Pattukottai, Thanjavur District. 2.The Land Surveyor, Aandikadu, Pattukottai Circle, Thanjavur District.

+1 CC to M/s.SPL GP ( SR-6001[F] dated 14/02/2022 ) +1 CC to M/s.K.SATHIS KUMAR, Advocate ( SR-5643[F] dated 11/02/2022 ) W.P.[MD]No.2803 of 2022 11.02.2022 RD(01.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2