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Madras High CourtWP(MD)/2993/2022disposed of

Murugeshan.K v. The Tahsildar

2022-02-16Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.2993 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.2993 of 2022 K.Murugeshan ... Petitioner /Vs./ 1.The Tashildar, Kadavur Taluk, Karur District.

2.The Surveyor, Kadavur Taluk, Karur 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 the petitioner's land and place the survey stones comprised in Survey No.1615/9B out of 1 acre, 47.5 cents situated at Kadavur Panchayat, D.Edayapatti East Village, Kadavur Panchyat Union, Kadavur Taluk, Tharagampatti Sub Registration District, Karur Registration District, based on the petitioner's representation dated 27.01.2022 with in a time frame as fixed by this Court. For Petitioner : Mr.P.Sivachandran For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus, seeking for a direction to the respondents to survey the petitioner's land and place survey stones in respect of the property bearing Survey No.1615/9B out of 1 acre, 47.5 cents situated at Kadavur Panchayat, D.Edayapatti East Village, Kadavur Panchyat Union, Kadavur Taluk, Tharagampatti Sub Registration District, Karur Registration District, based on the petitioner's application dated 27.01.2022, within a timeframe to be fixed by this Court. 2.According to the petitioner, he is the absolute owner of the aforementioned property. He has submitted an application with the respondents seeking for survey and demarcation of boundaries for the aforementioned properties on 27.01.2022. Since the said application has not been considered till date, he has filed this writ petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.2993 of 2022 3.Heard Mr.P.Sivachandran, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice for all the respondents.

4.No prejudice would be caused to the respondents, if the survey and demarcation of boundaries for the aforementioned properties is done by the second respondent, after giving notice to the petitioner as well as any other rival claimants. 5.Accordingly, this Court directs the second respondent to survey and demarcate the boundaries for the petitioner's property comprised in Survey No.1615/9B out of 1 acre, 47.5 cents situated at Kadavur Panchayat, D.Edayapatti East Village, Kadavur Panchyat Union, Kadavur Taluk, Tharagampatti Sub Registration District, Karur Registration District, after affording a fair hearing to the petitioner and other rival claimants, if any, within a period of twelve (12) weeks from the date of receipt of a copy of this order. 6.With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS ) sm 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 Tashildar, Kadavur Taluk, Karur District. 2.The Surveyor, Kadavur Taluk, Karur District. 1CC TO MR.S.ALAGUSUNDAR, ADVOCATE SR:6566 1CC TO THE SPL GOVT PLEADER SR:6816 DP 26/02/2022 2P/5C order made in W.P.[MD]No.2993 of 2022 Dated: 16.02.2022 https://hcservices.ecourts.gov.in/hcservices/ 2/2