Samuvel M v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Samuvel .. Petitioner Vs 1.The Tahsildar, V.K.Pudur Taluk, 2.The Firka Surveyor, Karuvantha Firka, Veerakeralam Pudur Taluk, 3.The Inspector of Police, Oothumalai Police Station, .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct Survey and fix the Boundary Marks of the petitioner's land situated in Block No.327/22, Kurichampatti Village, Veerakeralam Pudur Taluk, Tirunelveli District, with the assistance of respondent No.3 based on the petitioner's representation, dated 09.02.2022, within the time stipulated by this Court. For Petitioner : Ms.A.Victoria For Respondents : Mr.D.Sasikumar Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to respondents 1 and 2 to conduct Survey and fix the Boundary Marks of the petitioner's land situated in Block No.327/22, Kurichampatti Village, Veerakeralam Pudur Taluk, Tirunelveli District, with the assistance of respondent No.3 based on the petitioner's representation, dated 09.02.2022, within the time stipulated by this Court.
2.The petitioner claims that he is the absolute owner of the aforementioned property. He has submitted an application on 09.02.2022, to the respondents, calling upon them to survey and demarcate the boundaries for the aforementioned property. Since the 1/3
said application has not been considered till date, he has filed this writ petition.
3.Heard Ms.A.Victoria, learned counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.
4.No prejudice will be caused to the respondents, if the survey 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 situated in Block No.327/22, Kurichampatti Village, Veerakeralam Pudur Taluk, Tirunelveli 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. It is made clear that the petitioner will have to pay the necessary charges to the respondents for conducting the survey and only on receipt of the same, the second respondent shall commence the survey. If required, the second respondent shall seek assistance of the third respondent police for the purpose of conducting survey and demarcation of the petitioner's land.
6.With the aforesaid directions, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar (A.D.II) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 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, V.K.Pudur Taluk, 2/3
2.The Firka Surveyor, Karuvantha Firka, Veerakeralam Pudur Taluk, 3.The Inspector of Police, Oothumalai Police Station, +1 CC to M/s.SPL GP ( SR-9207[F] dated 01/03/2022 ) 28.02.2022 RD(17.03.2022) 3P 5C 3/3