Bhuvaneswari v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Bhuvaneswari ... Petitioner Vs.

1.The Tahsildar, 2.The Head Surveyor, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to conduct survey in the property in patta No.518 in survey No.116/5 for an consist of 0.16.50 Hectares, which is situated at M.Sengulam Village, Peraiyur Taluk, Madurai District on the basis of the petitioner's application dated 26.08.2021 within a time frame fixed by this Court.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey and fix boundaries in the petitioner's property in Survey No. 116/5 to an extent of 0.16.50 hectares, which is situated at M.Sengulam Village, Peraiyur Taluk, Madurai District, within a time frame to be fixed by this Court. 2.The petitioner has submitted a representation to the respondents on 01.02.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property which she claims that it belongs to her absolutely. Since the said representation has not been considered till date, this writ petition has been filed.

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

4.The petitioner has produced documents in support of her case that she is the owner of the aforementioned property. She has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 01.02.2022 for the said purpose.

5.No prejudice would be caused to the respondents if the representation of the petitioner dated 01.02.2022 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 in Survey No.116/5 to an extent of 0.16.50 hectares, which is situated at M.Sengulam Village, Peraiyur 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 (CSIII) // True Copy // / /2022 Sub Assistant Registrar(CS) MR 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, 2/3

2.The Head Surveyor, +1 CC to M/s.SPL GP ( SR-8777[F] dated 25/02/2022 ) ORDER MADE IN 23.02.2022 PKP/03.03.2022/3P/4C 3/3