Madras High CourtWP(MD)/4056/2022disposed of

Rajathi v. The Assistant Director Of Survey

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 Rajathi .. Petitioner Vs 1.The Assistant Director of Survey, Director of Survey and Land Records Department, 2.The Tahsildar, Illuppur Taluk, Pudukottai District.

3.The Firka Surveyor, Sithannavasal Firka, Illuppur, .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 2 and 3 to conduct the survey and demarcate the petitioner's property in S.F.No.100/23 with an extent of 10.50 Ares and S.F.No.100/26B, with an extent of 20 Ares of Punja Lands situated in Vilathupatti Revenue Village, Illuppur Taluk, Pudukottai District, on the basis of the petitioner's representation, dated 24.01.2022 and 25.02.2022. For Petitioner : Mr.R.Paranjothi 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 2 and 3 to conduct the survey and demarcate the boundaries to the petitioner's property situated in S.F.No.100/23 with an extent of 10.50 Ares and S.F.No.100/26B, with an extent of 20 Ares of Punja Lands situated in Vilathupatti Revenue Village, Illuppur Taluk, Pudukottai District, on the basis of the petitioner's representation, dated 24.01.2022 and 25.02.2022. 2.It is the case of the petitioner that she is the absolute owner of the aforementioned properties. She has submitted representations on 24.01.2022 and 25.02.2022 to the respondents, 1/3

requesting them to conduct survey and demarcate the boundaries. Since the representations have not been considered till date, she has filed this writ petition.

3.Heard Mr.R.Paranjothi, learned counsel appearing for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents. 4.No prejudice will be caused to the respondents, if the petitioner's application seeking for survey and demarcation of boundaries for the aforementioned properties are carried out, after giving notice to the petitioner as well as the other rival claimants, if any.

5.Accordingly, this Court directs the second respondent to conduct the survey and demarcate the boundaries in respect of the petitioner's properties comprised in S.F.No.100/23 with an extent of 10.50 Ares and S.F.No.100/26B, with an extent of 20 Ares of Punja Lands situated in Vilathupatti Revenue Village, Illuppur Taluk, Pudukottai District, with the assistance of the third respondent, within a period of twelve weeks from the date of receipt of a copy of this order, after giving notice to the petitioner and other rival claimants, if any.

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

Sd/- Deputy Registrar(LA & MC) // 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 Assistant Director of Survey, Director of Survey and Land Records Department, 2/3

2.The Tahsildar, Illuppur Taluk, Pudukottai District.

3.The Firka Surveyor, Sithannavasal Firka, Illuppur, +1 CC to M/s.SPL GP ( SR-10578[F] dated 08/03/2022 ) 07.03.2022 nsn(CO) TR(18.03.2022) 3P 5C 3/3