Amma Kannu. S v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Amma Kannu ... Petitioner /Vs./ 1.The Tahsildar, Pattukottai Taluk, Thanjavur District.
2.The Head Surveyor, O/o.The Head Surveyor Officer, Pattukottai Taluk, Thanjavur District.
3.The Inspector of Police, Vattathikottai Kollakkadu Police Station, Pattukkottai, Thanjavur District.
... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of 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.58-3B2, Idaiyathi Village, Pattukkottai Taluk, Thanjavur District with the assistance of the third respondent based on the petitioner's representations dated 01.07.2021 and 24.01.2022 within the time stipulated by this Court. For Petitioner : M/S.I.Pinayagash 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 1 and 2 to conduct survey and fix the boundary marks of the petitioner's land situated in Survey No.583B2, Idaiyathi Village, Pattukkottai Taluk, Thanjavur District with the assistance of the third respondent based on the petitioner's representations dated 01.07.2021 and 24.01.2022 within a time frame to be fixed by this Court.
2.The petitioner has submitted representations to the respondents on 01.07.2021 and 24.01.2022, 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 representations have not been considered till date, this writ petition has been filed.
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3.Heard Mr.I.Pinaygash, 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 representations on 01.07.2021 and 24.01.2022, for the said purpose.
5.No prejudice would be caused to the respondents, if the representations of the petitioner dated 01.07.2021 and 24.01.2022, are 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 in the petitioner's property bearing Survey No.58-3B2, Idaiyathi Village, Pattukkottai Taluk, Thanjavur 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. If required, the second respondent shall seek assistance of the third respondent police for the purpose of conducting survey and demarcation of the petitioner's land.
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 To 1.The Tahsildar, Pattukottai Taluk, Thanjavur District.
2.The Head Surveyor, O/o.The Head Surveyor Officer, Pattukottai Taluk, Thanjavur District.
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3.The Inspector of Police, Vattathikottai Kollakkadu Police Station, Pattukkottai, Thanjavur District.
+1 CC to M/s.SPL GP ( SR-11502[F] dated 11/03/2022 ) 09.03.2022 RD(04.04.2022) 3P 5C 3/3