Madras High CourtWP(MD)/3030/2022disposed of

Pandi.K v. The Tahsildar

2022-02-16Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.3030 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.3030 of 2022 K.Pandi ... Petitioner Vs 1.The Tahsildar, Taluk Office, Usilampatti Taluk, Madurai District.

2.The Firka Surveyor, Sindhupatti, Usilampatti Taluk, Madurai District.

.. Respondents Nos.1 & 2 PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st and 2nd respondents to survey the properties in S.Nos.743/8, 269/3C, 272/9A, 279/8, 279/3B2, situated in Veppanathu Village, Usilampatti Taluk, Madurai District, based on the petitioner's representation dated 23.11.2021.

For Petitioner : Mr.Venkatasubramaniyan 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 and second respondents to survey the petitioner's properties in S.Nos.743/8, 269/3C, 272/9A, 279/8, 279/3B2, situated in Veppanathu Village, Usilampatti Taluk, Madurai District, based on the petitioner's application dated 23.11.2021. 2.The petitioner claims that he is the absolute owner of the aforementioned properties. He has submitted an application on 23.11.2021, to the respondents calling upon them to survey and demarcate the boundaries for his properties. Since the said application has not been considered till date, he has filed this writ petition.

3.Heard Mr.Venkatasubramaniyan, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3030 of 2022 4.No prejudice will be caused to the respondents, if the survey and demarcation of boundaries for the petitioner's properties is done in the presence of the petitioner and any other rival claimant. 5.Accordingly, this Court directs the second respondent to survey and demarcate the boundaries pertaining to the properties comprised in S.Nos.743/8, 269/3C, 272/9A, 279/8, 279/3B2, situated in Veppanathu Village, Usilampatti Taluk, Madurai District, 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, Taluk Office, Usilampatti Taluk, Madurai District.

2.The Firka Surveyor, Sindhupatti, Usilampatti Taluk, Madurai District.

+1 CC to M/s.SPL GP ( SR-6855[F] dated 17/02/2022 ) W.P.(MD)No.3030 of 2022 16.02.2022 SK(CO) TR(02.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2