Madras High CourtWP(MD)/4020/2022disposed of

Gopal.M v. The Tahsildar

2022-03-04Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Gopal .. Petitioner Vs 1.The Tahsildar, Kodaikanal Taluk, Dindigul District, Dindigul.

2.The Taluk Surveyor, Poombarai Village, Kodaikanal Taluk, Dindigul District, Dindigul 3.The Village Administrative Officer, Poombarai Village, Kodaikanal Taluk, Dindigul District, Dindigul 4.C.Murugan 5.Palanivel .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's Application for surveying the property in Challan No.20211129877422 dated 29.11.2021 in Survey No.410/15 at Poombarai Village, Kodaikanal Taluk, Dindigul District, after giving notice to the private respondent and other interested parties mentioned in the representation dated 19.10.2021. For Petitioner : Mr.S.Anwar Sameem For R-1 to R-3 : Mr.M.Lingadurai, Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 to 3, to consider the petitioner's application, seeking for survey and demarcation of boundaries in respect of property in Survey No.410/15 at Poombarai Village, 1/3

Kodaikanal Taluk, Dindigul District, after giving notice to the rival claimants.

2.Heard Mr.S.Anwar Sameem, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 to 3. 3.The petitioner claims that he is the absolute owner of the aforementioned property. Along with the writ petition, he has also filed documents to substantiate his claim. It is for the respondents 1 to 3 to consider the same on merits and in accordance with law. However, the only relief that he is seeking, is to survey and demarcate his boundaries in respect of the aforementioned property. 4.No prejudice will be caused to the respondents, if the survey and demarcation is done by the surveyor, after giving notice to the petitioner as well as the fourth and fifth respondents, who are the rival claimants and any other necessary party, whom the surveyor deems fit to enquire.

5.Accordingly, this Court directs the second respondent to survey and demarcate the boundaries of the property comprised in Survey No.410/15 at Poombarai Village, Kodaikanal Taluk, Dindigul District, within a period of twelve weeks from the date of receipt of a copy of this order, after giving notice to the petitioner as well as the fourth and fifth respondents and any other necessary party, whom the second respondent deems fit to enquire. 6.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) // 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.

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To 1.The Tahsildar, Kodaikanal Taluk, Dindigul District, Dindigul.

2.The Taluk Surveyor, Poombarai Village, Kodaikanal Taluk, Dindigul District, Dindigul 3.The Village Administrative Officer, Poombarai Village, Kodaikanal Taluk, Dindigul District, Dindigul +1 CC to M/s.SPL GP ( SR-10330[F] dated 07/03/2022 ) +1 CC to M/s.T.ANTONY ARUL RAJ, Advocate ( SR-10429[F] dated 07/03/2022 ) 04.03.2022 SS(CO) TR(18.03.2022) 3P 6C 3/3