Madras High CourtWP(MD)/4425/2022disposed of

Arumugam v. The Tahsildar

2022-03-11Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Arumugam ... Petitioner vs.

1.The Tahsildar, Gujiliamparai Taluk, Gujiliamparai, Dindigul District.

2.The Surveyor, Gujiliamparai Taluk, Gujiliamparai, Dindigul District.

3.Anjallammal 4.Pooranam 5.Navamani 6.Raman 7.Shanthi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the first and second respondent to measure and demarcation of the property in S.No.1028/12 to an extent of 10 cents situated at Vadugampadi Village, Gujiliamparai Taluk, Dindigul District based on the petitioner's representation, dated 19.01.2022. For Petitioner :Mr.G.Gomathi Shankar For R1 and R2 :Mrs.S.Jeyapriya Government Advocate

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the first and second respondents to measure and demarcate the boundaries of the petitioner's property situated at (*)S.No.1028/12, Vadugampadi Village, Gujiliamparai Taluk, Dindigul District, measuring to an extent of 10 cents based on the petitioner's representation, dated 19.01.2022 within a time frame to be fixed by this Court.

2.It is the case of the petitioner that he is the absolute owner of the aforementioned property. According to him, the 1/3

respondents 3 to 7 are questioning the measurements of the petitioner's property. Therefore, he has sought for survey and demarcation of the boundaries of his property by submitting an application, dated 19.01.2022 with the respondents 1 and 2. Since the said application has not been considered till date, he has filed this Writ Petition.

The petitioner has also produced documents including the copy of sale deed standing in his name along with the Writ Petition in respect of the subject property. 3.Heard Mr.G.Gomathi Sankar, learned Counsel for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate, who takes notice on behalf of the respondents 1 and 2.

4.No prejudice will be caused to the respondents, if the petitioner's request for survey and demarcation of the aforementioned property is done in the presence of the petitioner as well as the respondents 3 to 7 and also any other person, whom the respondents 1 and 2 deem fit to give notice on the date of survey. 5.Accordingly, this Court directs the first and second respondent to conduct survey and demarcation of the property comprised in (*)S.No.1028/12, Vadugampadi Village, Gujiliamparai Taluk, Dindigul District, measuring to an extent of 10 cents based on the petitioner's application, dated 19.01.2022 in the presence of the petitioner as well as the respondents 3 to 7 or their authorised representatives and also in the presence of any other rival claimants whom the respondents 1 and 2 deem fit to enquire, within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the aforesaid directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (T&P) (*) Corrected as per the order of this court dated 30.03.2022 in WP (MD)No. 4425 of 2022 Sd/- Assistant Registrar (Cs-I) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3

cmr (*) to be substituted the order already despatched on 25.03.2022 in WP(Md).No. 4405 of 2022 To 1.The Tahsildar, Gujiliamparai Taluk, Gujiliamparai, Dindigul District.

2.The Surveyor, Gujiliamparai Taluk, Gujiliamparai, Dindigul District.

+1 CC toM/s.G.GOMATHI SANKAR, Advocate(SR-11674[F]dated 11/03/2022 ) 11.03.2022 PKP/22.03.2022/3P/4C NSN(CO) KB(07.04.2022) 3P 4C 3/3