Madras High CourtWP(MD)/4051/2022disposed of

Kasiammal.S v. The Tahsildar

2022-03-07Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Kasiammal .. Petitioner Vs 1.The Tahsildar, 2.The Head Surveyor, 3.The Insepctor, Pasuvanthanai Police Station, .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct Survey and fix the boundary marks of the petitioner's land situated in Survey No.387/31(56.00 Sq.ft.) in Plot No.34, Kannakkattai Village, Ettayapuram Taluk, Thoothukudi District, with the assistance of respondent No.3 Police personnel based on the petitioner's representation, dated 18.02.2022, within the time stipulated by this court.

For Petitioner : Mr.I.Pinaygash For Respondents : Mr.T.Amjad Khan Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 2 to conduct survey and fix boundaries of the petitioner's land situated in Survey No.387/31 (56.00 Sq.ft.) in Plot No.34, Kannakkattai Village, Ettayapuram Taluk, Thoothukudi District, with the assistance of third respondent Police, based on the petitioner's representation, dated 18.02.2022, within a time frame to be fixed by this court. 2.The petitioner claims that she is the absolute owner of the aforementioned property. She has submitted an application with the 1/3

respondents, seeking for survey and demarcation of her boundaries. Since her application, dated 01.11.2021, has not been considered till date, she has filed this writ petition.

3.Heard Mr.I.Pinaygash, learned counsel appearing for the petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents.

4.On instructions, the learned Government Advocate, would submit that the second respondent will conduct the survey and demarcate the boundaries, within a period of one week from the date of receipt of a copy of this order. The said statement is recorded. 5.Accordingly, this Court directs the second respondent to conduct the survey and demarcate the boundaries in respect of the petitioner's land situated in Survey No.387/31(56.00 Sq.ft.) in Plot No.34, Kannakkattai Village, Ettayapuram Taluk, Thoothukudi District, after giving notice to the petitioner and other rival claimants, if any, within a period of one week from the date of receipt of a copy of this order. If the second respondent needs assistance of any police personnel, he is permitted to approach the third respondent for police assistance for the smooth conduct of the survey and demarcation of boundaries.

6.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 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 Head Surveyor, 3.The Insepctor, Pasuvanthanai Police Station, +1 CC to M/s.SPL GP ( SR-10613[F] dated 08/03/2022 ) 07.03.2022 SRR(CO) TR(15.03.2022) 3P 5C 3/3