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Madras High CourtWP(MD)/3834/2022disposed of

Karunanithi v. The Tahsildar

2022-03-02Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.3834 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.3834 of 2022 Karunanithi ... Petitioner Vs.

1. The Tahsildar, Melur Taluk, Melur, Madurai.

2. The Taluk Surveyor, Melur Taluk, Madurai District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to measure the petitioner's land measuring about 10.50 Ares comprised in R.S.No.129/1A5 situated in Ettimangalam Village, Melur Taluk, Madurai District within the reasonable time stipulated by this Hon'ble Court.

For Petitioner : Mr.Ganapathi Subramanian For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents to measure the petitioner's land measuring about 10.50 Ares comprised in R.S.No.129/1A5 situated in Ettimangalam Village, Melur Taluk, Madurai District within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 08.04.2021 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.Ganapathi Subramanian, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.3834 of 2022 Surveyor and the petitioner has given a representation on 08.04.2021 for the said purpose.

5.No prejudice would be caused to the respondents if the representation of the petitioner dated 08.04.2021 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 in R.S.No.129/1A5 measuring an extent of 10.50 ares situated in Ettimangalam Village, Melur Taluk, Madurai 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 (AD I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR 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, Melur Taluk, Melur, Madurai.

2. The Taluk Surveyor, Melur Taluk, Madurai District.

+1 CC to M/s.SPL GP ( SR-10212[F] dated 04/03/2022 ) W.P.[MD]No.3834 of 2022 02.03.2022 MGJ(17.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2