P.K.Amavasi v. The Sub Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.K.Amavasi ... Petitioner /Vs./ 1.The Sub Collector, O/o. The Sub Collector, 2.The Revenue Divisional Officer, 3.The Tahsildar, Taluk Office, Manapparai, Trichy District.

4.The Taluk Surveyor, Taluk Office, Manapparai, Trichy District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 3rd and 4th respondents to survey and demarcate the Petitioner's property situated in Ayan Punja Survey No.494/11A at Amaiyapuram Village, Manapparai Taluk, Trichy District, by implementing the order passed by the 1st Respondent in his proceedings in O.Mu.No.A5/5024/2020 dated 01.12.2020 within a time frame to be stipulated by this Court. For Petitioner : Mr.N.Sankar Ganesh 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 survey and demarcate the petitioner's property situated in Ayan Punja Survey No.494/11A at Amaiyapuram Village, Manapparai Taluk, Trichy District, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 11.11.2020 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to him absolutely. Since the said 1/3

representation has not been considered till date, this writ petition has been filed.

3.Heard Mr.N.Sankar Ganesh, learned Counsel for the writ petitioner and Mr.B.Saravanan, learned Additional Government Pleader who accepts notice on behalf of the respondents. 4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 11.11.2020 for the said purpose.

5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 11.11.2020 is considered on merits and in accordance with law, after hearing the petitioner as well as the rival claimants, if any. The said representation has been forwarded by the first respondent to the third respondent vide proceedings in O.Mu.No.A5/5024/2020 dated 01.12.2020. 6.Accordingly, this Court directs the fourth respondent to survey and fix the boundaries in the petitioner's property Ayan Punja Survey No.494/11A at Amaiyapuram Village, Manapparai Taluk, Trichy 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 () // 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 Sub Collector, O/o. The Sub Collector, 2/3

2.The Revenue Divisional Officer, 3.The Tahsildar, Taluk Office, Manapparai, Trichy District.

4.The Taluk Surveyor, Taluk Office, Manapparai, Trichy District.

(2/2) Dated:28.02.2022 RK(16/03/2022) 3P 5C 3/3