Pandiyan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Pandiyan .. Petitioner Vs 1.The Tahsildar, Kadavur Taluk, Karur District.

2.The Inspector of Police, Palaviduthi Police Station, Karur District.

3.The Deputy Taluk Surveyor, Kadavur Taluk, Karur District.

4.Mrs.Bommakkal .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation, dated 08.01.2021, to measure the land owned by the petitioner in Survey No.603/1D, situated at Sembiyanatham Village Group, Kadavur Taluk, Karur District, ad-measuring about 31 cents and fix the four boundaries with the help of the 2nd respondent police.

For Petitioner : Mr.V.Kannan For Respondents : Mr.T.Amjad Khan for R1 to R3 Government Advocate R4 - No Appearance

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to consider the petitioner's representation, dated 08.01.2021, to measure the land owned by the petitioner in Survey No.603/1D, situated at Sembiyanatham Village Group, Kadavur Taluk, Karur District, ad-measuring about 31 cents and fix the four boundaries with the help of the 2nd respondent police, within a time frame to be fixed by this Court. 2.Heard Mr.V.Kannan, learned counsel appearing for the petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents 1 to 3. 3.The learned Government Advocate, on instructions, submitted that since the application seeking for survey and demarcation of 1/3

boundaries for the petitioner's property was made on 08.01.2021 and one year has elapsed from that date, the petitioner will have to submit a fresh application and on receipt of the same, the respondent will conduct the survey and demarcate the boundaries, after giving notice to the petitioner and other rival claimants, within a time frame to be fixed by this Court. The said statement is recorded.

4.The learned counsel for the petitioner is also satisfied with the submission made by the learned Government Advocate appearing for the official respondents.

5.Accordingly, this Court directs the petitioner to submit a fresh application to the official respondents, requesting them to conduct survey and demarcate the boundaries pertaining to his property comprised in Survey No.603/1D, situated at Sembiyanatham Village Group, Kadavur Taluk, Karur District, ad-measuring about 31 cents and fix the four boundaries with the help of the 2nd respondent police, by paying the necessary charges as fixed by the first respondent, within a period of one week from the date of receipt of a copy of this order. On receipt of the said application, the first respondent with the assistance of the second respondent shall conduct the survey and demarcate the boundaries for the aforementioned property, within a period of twelve weeks, thereafter.

6.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 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 1.The Tahsildar, Kadavur Taluk, Karur District. 2/3

2.The Inspector of Police, Palaviduthi Police Station, Karur District.

3.The Deputy Taluk Surveyor, Kadavur Taluk, Karur District. +1 CC to M/s.V.KANNAN, Advocate ( SR-10503[F] dated 08/03/2022 ) +1 CC to M/s.SPL GP ( SR-10567[F] dated 08/03/2022 ) 07.03.2022 KG(CO) KB(21.03.2022) 3P 6C 3/3