Madras High CourtWP(MD)/3351/2022disposed of

Pandi v. The Tahsildar

2022-02-22Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.3351 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.3351 of 2022 Pandi ... Petitioner /Vs./ 1.The Tahsildar, Office of the Tahsildar, Melur Taluk, Madurai District.

2.The Taluk Surveyor, Office of the Tahsildar, Melur 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 respondents to survey the petitioner's property measuring and fix the four boundary of stone in Survey No.15/8 to an extent of 0.25.50 situated at Kamboor Village, Melur Taluk, Madurai District and earlier representations given to the respondent on 05.11.2020, 24.01.2022 and recent representation on 08.02.2022 within a time stipulated by this Court.

For Petitioner : Ms.K.Malathi For Respondents : Mr.B.Saravanan Additional 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 and fix the four boundary stone in Survey No.15/8 to an extent of 0.25.50 situated at Kamboor Village, Melur Taluk, Madurai District by taking into account the petitioner's earlier representations given to the respondent on 05.11.2020, 24.01.2022 and recent representation on 08.02.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted representations to the respondents on 05.11.2020, 24.01.2022 and 08.02.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to his grandfather. Since the said representations have not been considered till date, this writ petition has been filed. 3.Heard Ms.K.Malathi, learned Counsel for the writ petitioner and Mr.B.Saravanan, learned Additional Government Pleader, who accepts notice on behalf of respondents.

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

W.P.[MD]No.3351 of 2022 4.The petitioner has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given representations on 05.11.2020, 24.01.2022 and 08.02.2022 for the said purpose.

5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 08.02.2022 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 bearing Survey No.15/8 to an extent of 0.25.50 situated at Kamboor Village, Melur 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/- Deputy Registrar (LA&MC) // 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, Office of the Tahsildar, Melur Taluk, Madurai District.

2.The Taluk Surveyor, Office of the Tahsildar, Melur Taluk, Madurai District.

+1 CC to M/s.K.MALATHI, Advocate ( SR-7839[F] dated 22/02/2022 ) +1 CC to M/s.SPL GP ( SR-8038[F] dated 23/02/2022 ) W.P.[MD]No.3351 of 2022 22.02.2022 RD(11.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2