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Madras High CourtWP(MD)/4488/2022disposed of

Dhanapandian.S v. The District Collector

2022-03-14Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.4488 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.4488 of 2022 S.Dhanapandian ... Petitioner vs.

1.The District Collector, The District Collector Office, Sivagangai District. 2.The Tahsildar, The Tahsildar Office, Karaikudi Taluk.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the representation dated 25.01.2022 in S.No.367/4 of Kilapoongudi Village, Sivagangai District with an extent of 0.04.02 ares of the petitioner property.

For Petitioner :Mr.S.Madhavan For Respondents :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 respondents to measure and demarcate the land bearing S.No.367/4 of Kilapoongudi Village, Sivagangai District with an extent of 0.04.02 ares by taking into account the petitioner's representation dated 25.01.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 25.01.2022 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.S.Madhavan, learned Counsel for the Writ Petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the 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 25.01.2022 for the said purpose.

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W.P.(MD)No.4488 of 2022 5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 25.01.2022 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 S.No.367/4 of Kilapoongudi Village, Sivagangai District with an extent of 0.04.02 ares 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 (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The District Collector, The District Collector Office, Sivagangai District. 2.The Tahsildar, The Tahsildar Office, Karaikudi Taluk.

+1 CC to M/s.SPL GP ( SR-12156[F] dated 15/03/2022 ) W.P.(MD)No.4488 of 2022 14.03.2022 MGJ(23.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2