Madras High CourtWP(MD)/3031/2022disposed of

Muthuramalingam v. The Tahsildar

2022-02-16Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.3031 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.3031 of 2022 Muthuramalingam .. Petitioner Vs 1.The Tahsildar, Madurai South Taluk, Madurai.

2.The Surveyor, Madurai South Taluk, Madurai.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent herein to measure the lands comprised in Survey No.515/1, Plot No.1, measuring an extent of 9 1⁄4 cents situated at Avanyapuram Village, Madurai South Taluk, Madurai and fix the boundaries in the said survey number by considering the petitioner's application dated 04.02.2022, within the time stipulated by this Court. For Petitioner : Ms.A.Banumathy For Respondents : Mr.M.Lingadurai, Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to measure the lands comprised in Survey No.515/1, Plot No.1, measuring an extent of 9 1⁄4 cents situated at Avanyapuram Village, Madurai South Taluk, Madurai and fix the boundaries in the said survey number based on the petitioner's application dated 04.02.2022, within a time frame to be fixed by this Court.

2.The petitioner claims that subsequent to the death of his father he is the absolute owner of the aforementioned property. He has submitted an application on 04.02.2022, to the respondents, calling upon them to survey and demarcate the boundaries for the aforementioned property. 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.3031 of 2022 3.Heard Ms.A.Banumathy, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.

4.No prejudice will be caused to the respondents, if the survey and demarcation of boundaries for the aforementioned property is done in the presence of the petitioner as well as any other rival claimant.

5.Accordingly, this Court directs the second respondent to survey and demarcate the boundaries pertaining to the property in Survey No.515/1, Plot No.1, measuring an extent of 9 1⁄4 cents situated at Avanyapuram Village, Madurai South Taluk, Madurai and fix the boundaries in the said survey number, after affording a fair hearing to the petitioner and any other rival claimant, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(AE) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 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, Madurai South Taluk, Madurai.

2.The Surveyor, Madurai South Taluk, Madurai.

+1 CC to M/s.SPL GP ( SR-6810[F] dated 17/02/2022 ) W.P.(MD)No.3031 of 2022 16.02.2022 SK(CO) TR(02.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2