Madras High CourtWP(MD)/3610/2022disposed of

Parvathi v. The Tahsildar

2022-02-25Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.3610 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.3610 of 2022 Parvathi .. Petitioner Vs 1.The Tahsildar, Marungapurai Taluk, Tiruchirapalli District.

2.The Surveyor, Marungapuri Taluk, Trichy District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent herein to measure the lands comprised in Survey Nos.69/3, 71/21 and 71/9 and fix the boundaries in the said survey number by considering the petitioner's representation dated 20.12.2021. For Petitioner : Ms.A.Banumathy For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first respondent herein to measure the lands comprised in Survey Nos.69/3, 71/21 and 71/9 and fix the boundaries in the said survey number by considering the petitioner's representation dated 20.12.2021.

2. The petitioner claims that subsequent to the death of her husband, she is the absolute owner of the aforementioned property. She has given a representation on 20.12.2021, seeking for survey and demarcation of her boundaries. Since the representation has not been considered till date, she has filed this writ petition. 3.Heard Ms.A.Banumathy, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.

4.No prejudice would be caused to the respondents, if the survey and demarcation of boundaries pertaining to the aforementioned property is done, in the presence of the petitioner and other rival claimant, if any.

5.Accordingly, this Court directs the second respondent to survey and demarcate the boundaries in respect of the property https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.3610 of 2022 comprised in Survey Nos.69/3, 71/21 and 71/9 which are situated at Trichy District, Marungapuri Taluk, Kalangapatti West Village in the presence of the petitioner and other rival claimant, if any and submit a report accordingly, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that the petitioner will have to pay the necessary fees to the respondents for conducting the survey as directed by this Court. 6.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) tsg 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, Marungapurai Taluk, Tiruchirapalli District.

2.The Surveyor, Marungapuri Taluk, Trichy District.

+1 CC to M/s.SPL GP ( SR-8992[F] dated 28/02/2022 ) W.P.(MD)No.3610 of 2022 25.02.2022 NSN(CO) KB(08.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2