Bharathan v. The Tahsildar

W.P.[MD]No.3117 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.3117 of 2022 Bharathan ... Petitioner /Vs./ 1.The Tahsildar, Aruppukottai Taluk Office, Aruppukottai,Virudhunagar District.

2.The Head Surveyor, Aruppukottai Taluk Office,Aruppukottai, Virudhunagar District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondents No.1 and 2 to survey and mark four boundaries of the Petitioner's agricultural land property with an extent of 1.27 Hectare situated in Survey No.48/13A, 48/5, 48/6 and 48/7A, Paalavanatham Village, Aruppukottai Taluk, Virudhunagar District based on the petitioner's application dated 24.01.2022 and subsequent representation dated 31.01.2022 within a stipulated time that may be fixed by this Court. For Petitioner :

Mr.R.Karunanidhi 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 No.1 and 2 to survey and mark four boundaries of the Petitioner's agricultural land property with an extent of 1.27 Hectare situated in Survey No.48/13A, 48/5, 48/6 and 48/7A, Paalavanatham Village, Aruppukottai Taluk, Virudhunagar District based on the petitioner's application dated 24.01.2022 and subsequent representation dated 31.01.2022 within a timeframe to be fixed by this Court.

2.The petitioner has submitted representations to the respondents on 24.01.2022 and 31.01.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims it belongs to him absolutely. Since the said representations have not been considered till date, this writ petition has been filed.

3.Heard Mr.R.Karunanidhi, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of respondents.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.3117 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 submitted representations on 24.01.2022 and 31.01.2022 for the said purpose. 5.The learned Special Government Pleader appearing for the respondents would submit that notice has already been issued to the parties.

6.No prejudice would be caused to the respondents if the representations of the petitioner dated 24.01.2022 and 31.01.2022 are considered on merits and in accordance with law after hearing the petitioner as well as the rival claimants if any. 7.Accordingly, this Court directs the second respondent to survey and fix the boundaries in the petitioner's agricultural land property with an extent of 1.27 Hectare situated in Survey No.48/13A, 48/5, 48/6 and 48/7A, Paalavanatham Village, Aruppukottai Taluk, Virudhunagar 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. 8.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 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 Tahsildar, Aruppukottai Taluk Office,Aruppukottai,Virudhunagar District. 2.The Head Surveyor, Aruppukottai Taluk Office,Aruppukottai,Virudhunagar District. +1 CC to M/s.SPL GP ( SR-7419[F] dated 21/02/2022 ) W.P.[MD]No.3117 of 2022 17.02.2022 AP(26.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2