Madras High CourtWP(MD)/4455/2022disposed of

Ramakrishnan v. The Tahsildhar

2022-03-14Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.4455 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.4455 of 2022 Ramakrishnan ... Petitioner Vs.

The Tahsildar, Dindigul East Taluk, Dindigul.

... Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to demarcate and fix the boundary of the property belong to the petitioner and his family members in Survey No.668/5A to an extent of 27 cents situated at Thottanoothu Village, Dindigul Taluk and District by considering the representation dated 28.09.2020 within the period stipulated by this Court.

For Petitioner : Mr.N.Sathish Babu For Respondent : Mr.T.Amjad Khan Government Advocate

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondent to demarcate and fix the boundary of the property that belongs to the petitioner and his family members in Survey No.668/5A to an extent of 27 cents situated at Thottanoothu Village, Dindigul Taluk and District based on the petitioner's representation dated 28.09.2020, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondent on 28.09.2020 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. 3.Heard Mr.N.Sathish Babu, learned Counsel for the writ petitioner and Mr.T.Amjad Khan, learned Government Advocate who accepts notice on behalf of the respondent.

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

W.P.[MD]No.4455 of 2022 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 28.09.2020 for the said purpose.

5.No prejudice would be caused to the respondent if the representation of the petitioner dated 28.09.2020 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 respondent to survey and fix the boundaries in the petitioner's property in Survey No.668/5A to an extent of 27 cents situated at Thottanoothu Village, Dindigul Taluk and 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(Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The Tahsildar, Dindigul East Taluk,Dindigul.

+1 CC to M/s.SPL GP ( SR-12166[F] dated 15/03/2022 ) ORDER MADE IN W.P.[MD]No.4455 of 2022 14.03.2022 srr(CO) TR(25.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2