Kayathri v. The Tahsildhar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Kayathri ... Petitioner /Vs./ 1.The Tahsildar, Alankudi Taluk, Pudukottai District.
2.The Surveyor, Alankudi Taluk, Pudhukottai District.
3.The Inspector of Police, Vadakadu Police Station, Pudhukottai District.
4.S.Thirumaran ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st and 2nd Respondents to survey the lands in Survey Nos.165B/36A2, 165B/36B, 165B/37, 184A/1C1 and 132/9A1 situated in Neduvaal Keezhpadhi Village, Alankudi Taluk, Pudukottai District by considering the representation of the petitioner dated 17-12-2021. For Petitioner : Mr.K.Jeyamohan For R1 to R3 : Mr.D.Sasikumar Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 to 3 to measure and demarcate the lands bearing Survey Nos.165B/36A2, 165B/36B, 165B/37, 184A/1C1 and 132/9A1 situated in Neduvaal Keezhpadhi Village, Alankudi Taluk, Pudukottai District, by considering the representation of the petitioner dated 17.12.2021, within a time frame to be fixed by this Court.
2.The petitioner has submitted a representation to the first respondent on 17.12.2021 seeking for survey and demarcation of boundaries in respect of the aforementioned properties, which she 1/3
claims that it belongs to her absolutely. Since the said representation has not been considered till date, this writ petition has been filed.
3.Heard Mr.K.Jeyamohan, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 3. 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 17.12.2021 for the said purpose.
5.No prejudice would be caused to the official respondents, if the representation of the petitioner dated 17.12.2021 is considered on merits and in accordance with law, after hearing the petitioner, the fourth respondent 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 lands bearing Survey Nos.165B/36A2, 165B/36B, 165B/37, 184A/1C1 and 132/9A1 situated in Neduvaal Keezhpadhi Village, Alankudi Taluk, Pudukottai District, after giving notice to the petitioner, the fourth respondent 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 (AE) // 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.
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To 1.The Tahsildar, Alankudi Taluk, Pudukottai District.
2.The Surveyor, Alankudi Taluk, Pudhukottai District.
3.The Inspector of Police, Vadakadu Police Station, Pudhukottai District.
+1 CC to M/s.K.JEYAMOHAN, Advocate ( SR-9153[F] dated 01/03/2022 ) +1 CC to M/s.SPL GP ( SR-9176[F] dated 01/03/2022 ) order made in Dated:
28.02.2022 KVL/12.03.2022/3P/6C 3/3