Palani.A v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE A.Palani ... Petitioner Vs.

1.The Tahsildar, Office of the Tahsildar, Madurai West, Madurai.

2.The Firka Surveyor, Office of the Firka Surveyor, Kodimangalam Circle, Madurai West Taluk, Madurai.

3.The Inspector of Police, Nagamalaipudukottai Police Station, Madurai.

4.S.Marichamy ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first and second respondents to survey and mark the four boundaries of the property in S.No.155/2C to the extent of 2 Acres and 9 Cents vide Patta No.747 of Kodimangalam Village, Madurai West Taluk, Madurai. For Petitioner : Mr.S.Ramsundarvijayraj For Respondents 1 to 3 : 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 first and second respondents to survey and mark the four boundaries of the petitioner's property in S.No.155/2C to the extent of 2 Acres and 9 Cents vide Patta No.747 of Kodimangalam Village, Madurai West Taluk, Madurai within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 11.01.2022 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. 1/3

3.Heard Mr.S.Ramsundarvijayraj, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of respondents 1 to 3. 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 11.01.2022 for the said purpose.

5.No prejudice would be caused to the respondents if the representation of the petitioner dated 11.01.2022 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 S.No.155/2C to the extent of 2 Acres and 9 Cents vide Patta No.747 of Kodimangalam Village, Madurai West Taluk, Madurai 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 (AD II) // 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, Office of the Tahsildar, Madurai West, Madurai.

2/3

2.The Firka Surveyor, Office of the Firka Surveyor, Kodimangalam Circle, Madurai West Taluk, Madurai.

3.The Inspector of Police, Nagamalaipudukottai Police Station, Madurai.

+1 CC to M/s.S.RAMSUNDARVIJAYRAJ, Advocate ( SR-6608[F] dated 16/02/2022 ) +1 CC to M/s.SPL GP ( SR-6766[F] dated 17/02/2022 ) 16.02.2022 MGJ(08.03.2022) 3P 6C 3/3