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Madras High CourtWP(MD)/3328/2022disposed of

Sakthivel .R v. The Tahsildar

2022-02-22Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.3328 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.3328 of 2022 R.Sakthivel .. Petitioner Vs 1.The Tahsildar, Office of the Tahsildar, Kulithalai, Karur.

2.The Head Surveyor, Kulithalai Taluk Office, Kulithalai, Karur District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing 2nd Respondent to measure the land in Survey Nos.123/2A, 123/3A, 123/3D, 124/1B, 124/2B, 125/2B, 125/3A, situated at Porunthalur Village, Kulithalai Taluk, Karur District, based on the revenue records with the petitioner's application dated 15.02.2022 and submit the report to the 1st Respondent within a stipulated time fixed by this Court. For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the 2nd Respondent to measure the land in Survey Nos.123/2A, 123/3A, 123/3D, 124/1B, 124/2B, 125/2B, 125/3A, situated at Porunthalur Village, Kulithalai Taluk, Karur District, based on the revenue records with the petitioner's application dated 15.02.2022, within a time frame to be fixed by this Court. 2.The petitioner claims that subsequent to the death of his father he is the absolute owner of the aforementioned property. He has submitted an application on 15.02.2022, to the respondents, calling upon them to survey and demarcate the boundaries for the aforementioned property. Since the said application has not been considered till date, he has filed this writ petition. 3.Heard Mr.D.S.Haroon Rasheed, learned counsel for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader, who accepts notice on behalf of the respondents. 4.No prejudice will be caused to the respondents, if the survey https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3328 of 2022 and demarcation of boundaries for the aforementioned property is done in the presence of the petitioner as well as any other rival claimant.

5.Accordingly, this Court directs the second respondent to survey and demarcate the boundaries pertaining to the property in Survey Nos.123/2A, 123/3A, 123/3D, 124/1B, 124/2B, 125/2B, 125/3A, situated at Porunthalur Village, Kulithalai Taluk, Karur District and fix the boundaries in the said survey number, 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, Office of the Tahsildar, Kulithalai, Karur.

2.The Head Surveyor, Kulithalai Taluk Office, Kulithalai, Karur District.

+1 CC to M/s.SPL GP ( SR-8042[F] dated 23/02/2022 ) W.P.(MD)No.3328 of 2022 22.02.2022 SK(CO) KB(08.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2