Andichamy .P v. The Tahsildar

W.P.[MD]No.3355 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.3355 of 2022 P.Andichamy ... Petitioner /Vs./ 1.The Tahsildar, Madurai East Taluk, Y.Othakadai, Madurai District.

2.The Surveyor, Madurai East Taluk, Madurai District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to survey and fix boundaries in respect of the above said survey nos. contain in document No.4427/(*)1990, situated at Mangulam Village, Madurai East Taluk, Madurai District based on the petitioner's representation dated 01.04.2021 within a stipulated time fixed by this Court.

For Petitioner : Mr.V.Kishore Kumar For Respondents : Mrs.S.Jeyapriya, Government Advocate.

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to measure and demarcate the land in survey nos. contained in document No.4427/(*)1990, situated at Mangulam Village, Madurai East Taluk, Madurai District, by taking into account the petitioner's representation dated 01.04.2021, within a time frame to be fixed by this Court. 2.The petitioner has submitted a representation to the respondents on 01.04.2021 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to his son. Since the said representation has not been considered till date, this writ petition has been filed. 3.Heard Mr.V.Kishore Kumar, learned Counsel for the writ petitioner and Mrs.S.Jeya Priya, learned Government Advocate, who accepts notice on behalf of the respondents.

4.The petitioner has produced documents in support of his case that his son 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 01.04.2021 for the said purpose.

https://www.mhc.tn.gov.in/judis 1/2

W.P.[MD]No.3355 of 2022 5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 01.04.2021 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 second respondent to survey and fix the boundaries in the petitioner's property in survey nos. contained in document No.4427/(*)1990, situated at Mangulam Village, Madurai East Taluk, Madurai 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 (CRL) (*)Corrected as per the order of this court dated 29/07/2022 in WMP(MD)No.9348 of 2022 in W.P.[MD]No.3355 of 2022 Sd/- Assistant Registrar (CS-III) // 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:

(*) To be substituted to the order already despatched on 09/03/2022 1.The Tahsildar, Madurai East Taluk, Y.Othakadai, Madurai District.

2.The Surveyor, Madurai East Taluk, Madurai District.

+1 CC to M/s.SPL GP ( SR-8095[F] dated 23/02/2022 ) W.P.[MD]No.3355 of 2022 22.02.2022 MGJ(05.03.2022) 2P 4C RD(04/08/2022) 2P 4C https://www.mhc.tn.gov.in/judis 2/2