Madras High CourtWP(MD)/3867/2022disposed of

Karthigai Veni v. The Tahsildar

2022-03-02Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.3867 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.3867 of 2022 Karthigai Veni ... Petitioner /Vs./ The Tahsildar, Thirupuvanam Taluk, Sivagangai District.

... Respondent P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the Respondent to measure the property comprised in S.No.82/2A an extent of 2 acre situated in Pottapalayam Village, Thirupuvanam Taluk, Sivagangai District and to fix the four boundaries on the basis of petitioner's representation dated 23.11.2021 after due notice in accordance with law within the time stipulated by this Court. For Petitioner : Mr.Babu Rajendran For Respondent : Mr.T.Amjad Khan Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondent to measure the property comprised in S.No.82/2A an extent of 2 acre situated in Pottapalayam Village, Thirupuvanam Taluk, Sivagangai District and to fix the four boundaries on the basis of petitioner's representation dated 23.11.2021, within a time frame to be fixed by this Court. 2.The petitioner has submitted a representation to the respondent on 23.11.2021 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which she 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.Babu Rajendran, learned Counsel for the writ petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondent.

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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.3867 of 2022 Surveyor and the petitioner has given a representation on 23.11.2021 for the said purpose. The petitioner undertakes to remove the thaani bushes found in her property before the respondent conducts survey.

5.No prejudice would be caused to the respondent, if the representation of the petitioner dated 23.11.2021 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 respondent to survey and fix the boundaries in the petitioner's property bearing S.No.82/2A an extent of 2 acre situated in Pottapalayam Village, Thirupuvanam 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 (AD-II) // 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 The Tahsildar, Thirupuvanam Taluk, Sivagangai District.

+1 CC to M/s.BABU RAJENDRAN, Advocate ( SR-9583[F] dated 02/03/2022 ) +1 CC to M/s.SPL GP ( SR-9704[F] dated 03/03/2022 ) W.P.[MD]No.3867 of 2022 Dated:

02.03.2022 RK(16/03/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2