Mohammed Asif.A v. The Tahsildar

W.P.(MD)No.4192 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.4192 of 2022 A.Mohammed Asif ... 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.391/1, 392/2B and 391/4 of Jeyamangalam Bit 1 Village, Periyakulam Taluk, Theni District and fix the boundaries based on the petitioner's application dated 20.10.2021 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.391/1, 392/2B and 391/4 of Jeyamangalam Bit 1 Village, Periyakulam Taluk, Theni District and fix the boundaries based on the petitioner's application dated 20.10.2021 within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 20.10.2021 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to him absolutely. Since the said representation has not been considered till date, this Writ Petition has been filed.

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W.P.(MD)No.4192 of 2022 3.Heard Mr.M.Saravanan, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents.

4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought for a survey and fixation of boundaries by the appointment of a surveyor and the petitioner has given a representation on 20.10.2021 for the said purpose.

5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 20.10.2021 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.8893, S.Nos.391/1, 392/2B and 391/4 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.R.SUBRAMANIAN, Advocate SR NO.11095 Order made in W.P.(MD)No.4192 of 2022 09.03.2022 (2/2) CRM MS/17.03.2022/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2