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Madras High CourtWP(MD)/4490/2022disposed of

Karuppayammal.S v. The Tahsildar

2022-03-14Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.4490 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.4490 of 2022 S.Karuppayammal ... Petitioner vs.

1. The Tahsildar, Peraiyur Taluk, Madurai District.

2.The Surveyor, Athipatti, Peraiyur Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to Survey demarcate and determine the boundary of the petitioner's property to an extent of 12 cents situated vide Patta No. 5897 in Survey No. 23/3A at Pappinayakkanpatti Village, Peraiyur Taluk, Madurai District within a specific period as may be fixed by this Court.

For Petitioner :Mr.S.Balaji For Respondents :Mr.T.Amjad Khan Special Government Pleader *****

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to measure and demarcate the land bearing vide Patta No.5897 in Survey No. 23/3A at Pappinayakkanpatti Village, Peraiyur Taluk, Madurai District with an extent of 12 cents by taking into account the petitioner's representation dated 21.02.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 21.02.2022 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 representation has not been considered till date, this Writ Petition has been filed.

3.Heard Mr.S.Balaji, learned Counsel for the Writ Petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4490 of 2022 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 21.02.2022 for the said purpose.

5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 21.02.2022 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 vide Patta No.5897 in Survey No. 23/3A at Pappinayakkanpatti Village, Peraiyur Taluk, Madurai District with an extent of 12 cents 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 aforesaid directions, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To

1. The Tahsildar, Peraiyur Taluk, Madurai District.

2. The Surveyor, Athipatti, Peraiyur Taluk, Madurai District.

+1 CC to M/s.SPL GP ( SR-12162[F] dated 15/03/2022 ) +1 CC to M/s.S.BALAJI, Advocate ( SR-12553[F] dated 16/03/2022 ) Order made in W.P.(MD)No.4490 of 2022 14.03.2022 USK/22.03.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2