Madras High CourtWP(MD)/4432/2022disposed of

Raja.K v. The Tahsildar

2022-03-14Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE K.Raja ... Petitioner /Vs./ 1.The Tahsildar, 2.The Taluk Surveyor, 3.The Inspector of Police, Vaiyampatty Police Station, 4.Subramani ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No.1 and 2 to take necessary steps to measure the land and fix the four boundaries bearing in S.F.No.394/10A to extent 15 Cents out of 0.62.0 hectare in Patta No.2571 situated at Aniyappur Village, Manapparai Taluk, Trichy District, belonging to the petitioner with necessary police protection and issue separate patta, based on the petitioner's representation dated 23.02.2022 within a stipulated time in accordance with law.

For Petitioner : Mr.M.Prabu For R1 to R3 : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents No.1 and 2 to take necessary steps to measure the land and fix the four boundaries in the petitioner's property bearing in S.F.No.394/10A to extent 15 Cents out of 0.62.0 hectare in Patta No.2571 situated at Aniyappur Village, Manapparai Taluk, Trichy District, with necessary police protection and issue separate patta, based on the petitioner's representation dated 23.02.2022, within a time frame to be fixed by this Court. 2.The petitioner has submitted a representation to the respondents on 23.02.2022 seeking for survey and demarcation of 1/3

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.

3.Heard Mr.M.Prabu, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the official 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 23.02.2022 for the said purpose.

5.No prejudice would be caused to the official respondents, if the representation of the petitioner dated 23.02.2022 is considered on merits and in accordance with law, after affording a fair hearing to the petitioner, the fourth respondent as well as the rival claimants, if any.

6.Accordingly, this Court directs the second respondent to survey and fix the four boundaries in the petitioner's property bearing in S.F.No.394/10A to extent 15 Cents out of 0.62.0 hectare in Patta No.2571 situated at Aniyappur Village, Manapparai Taluk, Trichy District, after giving notice to the petitioner, the fourth respondent 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 (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.The Tahsildar, 2/3

2.The Taluk Surveyor, 3.The Inspector of Police, Vaiyampatty Police Station, +1 CC to M/s.M.PRABU, Advocate ( SR-11942[F] dated 14/03/2022 ) +1 CC to M/s.SPL GP ( SR-12449[F] dated 16/03/2022 ) 14.03.2022 SVN(CO) KB(31.03.2022) 3P 6C 3/3