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Madras High CourtWP(MD)/3360/2022disposed of

Jeevarethinam v. The Tahsildar

2022-02-22Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.3360 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.3360 of 2022 Jeevarethinam ... Petitioner /Vs./ 1.The Tahsildar, Paramakudi Taluk, Ramanathapuram District.

2.The Taluk Surveyor, Paramakudi Taluk, Ramanathapuram District.

3.The Firka Surveyor, Paramakudi Taluk, Ramanathapuram District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to survey and demarcate the petitioner's property comprised in Survey No.330/1, situated at Vilathur Village, Paramakudi Taluk, Ramanathapuarm District by considering the petitioner's representation dated 24.09.2021 submitted to the respondents, within the time frame that may be fixed by this Court. For Petitioner : Mr.A.Arputharaj 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 measure and demarcate the petitioner's property in Survey No.330/1, situated at Vilathur Village, Paramakudi Taluk, Ramanathapuarm District, by taking into account the petitioner's representation dated 24.09.2021, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 24.09.2021 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which she claims that it is her ancestral property. Since the said representation has not been considered till date, this writ petition has been filed.

3.Heard Mr.A.Arputharaj, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.3360 of 2022 who accepts notice on behalf of respondents.

4.The petitioner has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 24.09.2021 for the said purpose. 5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 24.09.2021 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 official respondents to survey and fix the boundaries in the petitioner's property in Survey No.330/1, situated at Vilathur Village, Paramakudi Taluk, Ramanathapuarm 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.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (Records) // 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, Paramakudi Taluk, Ramanathapuram District.

2.The Taluk Surveyor, Paramakudi Taluk, Ramanathapuram District.

3.The Firka Surveyor, Paramakudi Taluk, Ramanathapuram District.

+1 CC to M/s.SPL GP ( SR-8335[F] dated 24/02/2022 ) W.P.[MD]No.3360 of 2022 22.02.2022 RD(08.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2