Vanitha Banu.A v. The Tahsildar

W.P.(MD)No.4191 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.03.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.4191 of 2022 A.Vahitha Banu ... Petitioner vs.

1.The Tahsildar, Periyakulam Taluk, Theni District.

2.The Firka Surveyor, Devadhanapatti, Theni District.

3.The Inspector of Police, Jeyamangalam Police Station, Theni District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 to survey and measure the land in S.Nos.379, 380, 392 and 393 of Jeyamangalam Bit 1 Village, Periyakulam Taluk, Theni District and fix the boundaries based on the petitioner's application dated 24.09.2021 within a time frame to be fixed by this Court. For Petitioner :Mr.M.Saravanan For Respondents :Mr.D.Sasikumar Additional Government Pleader

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 2 to survey and measure the land in S.Nos.379, 380, 392 and 393 of Jeyamangalam Bit 1 Village, Periyakulam Taluk, Theni District and fix the boundaries based on the petitioner's application dated 24.09.2021 within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 24.09.2021 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.

3.Heard Mr.M.Saravanan, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4191 of 2022 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 24.09.2021 for the said purpose.

5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 24.09.2021 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 in the petitioner's property bearing Patta No.8783, S.Nos.379, 380, 392 and 393 of Jeyamangalam Bit 1 Village, Periyakulam Taluk, Theni 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 (AD-II) // True Copy // / /2022 Sub Assistant Registrar To 1.The Tahsildar, Periyakulam Taluk, Theni District.

2.The Firka Surveyor, Devadhanapatti, Theni District.

3.The Inspector of Police, Jeyamangalam Police Station, Theni District.

+1 CC to M/s.SPL GP ( SR-11223[F] dated 10/03/2022 ) +1 CC to M/s.R.SUBRAMANIAN, Advocate (SR-11095[F] dated 10/03/2022 ) Order made in W.P.(MD)No.4191 of 2022 09.03.2022 (1⁄2) cmr MS/17.03.2022/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2