Madras High CourtWP(MD)/3911/2022disposed of

Rani v. The Thasildar

2022-03-03Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Rani ... Petitioner /Vs./ 1.The Tahsildar, 2.The Taluk Surveyor, ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to survey and demarcate the boundaries of the petitioners landed properties to an extent of 0.02.0 Ares comprised in Survey No.28/3 and an extent of 0.44.50 Ares comprised in Survey No.28/4A (totaling 1 Acre, 15 Cents) situated at Vagaikulam Village, Madurai North Taluk, Madurai District, after giving notice to the all person interested in the surrounding of the lands and furnish a copy of the report by considering her application dated 14.02.2022. For Petitioner : Mr.J.Lawrance For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey and demarcate the boundaries of the petitioners landed properties to an extent of 0.02.0 Ares comprised in Survey No.28/3 and an extent of 0.44.50 Ares comprised in Survey No.28/4A (totaling 1 Acre, 15 Cents) situated at Vagaikulam Village, Madurai North Taluk, Madurai District, by considering the petitioner's application dated 14.02.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 14.02.2022 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.

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3.Heard Mr.J.Lawrance, 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 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 14.02.2022 for the said purpose.

5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 14.02.2022 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 of the petitioner's landed properties to an extent of 0.02.0 Ares comprised in Survey No.28/3 and an extent of 0.44.50 Ares comprised in Survey No.28/4A (totaling 1 Acre, 15 Cents) situated at Vagaikulam Village, Madurai North 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(CS-III) // 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, 2/3

2.The Taluk Surveyor, +1 CC to M/s.J.LAWRANCE, Advocate ( SR-9927[F] dated 04/03/2022 ) +1 CC to M/s.SPL GP ( SR-10375[F] dated 07/03/2022 ) order made in Dated:03.03.2022 SB(CO) TR(15.03.2022) 3P 5C 3/3