Madras High CourtWP(MD)/3708/2022disposed of

Jaleel Mohammed S v. The Thasildar

2022-02-28Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.3708 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.3708 of 2022 S.Jaleel Mohammed ... Petitioner /Vs./ 1.The Tahsildar, Ilayangudi Taluk, Ilayangudi, Sivagangai District.

2.The Head Surveyor, Ilayankudi Taluk, Taluk Office, Sivagangai District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondents 1 and 2 to take necessary action for the demarcation of the Petitioner's property comprised in Survey No.225/11 and 225/12 situated at North Ilayankudi Group, Ilayankudi Taluk, Sivagangai District by conducting the survey with help of the 2nd respondent, in the light of the petitioner's application dated 20.01.2022 within a time frame as fixed by this Court.

For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to measure and demarcate the Petitioner's property comprised in Survey No.225/11 and 225/12 situated at North Ilayankudi Group, Ilayankudi Taluk, Sivagangai District by taking into account the petitioner's application dated 20.01.2022, within a time frame to be fixed by this Court. 2.The petitioner has submitted a representation to the respondents on 20.01.2022 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 representation has not been considered till date, this writ petition has been filed.

3.Heard Mr.B.Prahalad Ravi, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.3708 of 2022 4.The petitioner has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 20.01.2022 for the said purpose. 5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 20.01.2022 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 comprised in Survey No.225/11 and 225/12 situated at North Ilayankudi Group, Ilayankudi Taluk, Sivagangai 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(CRL SIDE) // 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 Tahsildar, Ilayangudi Taluk, Ilayangudi, Sivagangai District.

2.The Head Surveyor, Ilayankudi Taluk, Taluk Office, Sivagangai District.

+1 CC to M/s.B.PRAHALAD RAVI, Advocate ( SR-9621[F] dated 02/03/2022 +1 CC to M/s.SPL GP ( SR-9209[F] dated 01/03/2022 ) order made in W.P.[MD]No.3708 of 2022 Dated:28.02.2022 NSN(CO) TR(10.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2