Arockiyarosi .I v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.4563 of 2022 I.Arockiyarosi ... Petitioner Vs

1. The Tahsildar, Taluk Office, Paramakudi Taluk, Ramanathapuram District.

2. The Surveyor, Taluk Office, Paramakudi Taluk, Ramanathapuram District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to Survey the lands in Old Survey No.332/2 Part and New Survey No.536/1 to an extent of 0.0385 square meters (4142 sq. feet) in Arulananthapuram Village, Sudiyur Group, Paramakudi Taluk, Ramanathapuram District on the basis of Charges paid by the petitioner on 24.01.2022.

For Petitioner : Mr.D.Senthil, Advocate For Respondent : Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to Survey the lands in Old Survey No.332/2 Part and New Survey No.536/1 to an extent of 0.0385 square meters (4142 sq. feet) in Arulananthapuram Village, Sudiyur Group, Paramakudi Taluk, Ramanathapuram District, on the basis of the representation made by the petitioner on 24.01.2022, within a time frame to be fixed by this Court.

2.The petitioner seeks for survey and demarcation of the boundaries for the above mentioned property. She has submitted an application for the said purpose with the respondents on 24.01.2022. Since the same has not been considered till date, she has filed this writ petition.

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3.Heard Mr.D.Senthil, learned counsel appearing for the petitioner and Mr.B.Sarvanan, learned Additional Government Pleader, who accepts notice on behalf of the respondents. 4.The petitioner has filed documents along with the writ petition to substantiate her claim that she is the owner of the aforementioned property. However, the learned Additional Government Pleader, appearing for the respondents on instructions, would submit that though survey was commenced, it could not be completed due to law and order problem. The said statement is recorded.

5.No prejudice will be caused to the respondents, if the survey and demarcation of boundaries is done by the respondents with the assistance of the police.

6.Accordingly, this Court directs the respondents to conduct survey and demarcation of boundaries for the property in Old Survey No.332/2 Part and New Survey No.536/1 to an extent of 0.0385 square meters (4142 sq. feet) in Arulananthapuram Village, Sudiyur Group, Paramakudi Taluk, Ramanathapuram District, which the petitioner claims that she is the absolute owner, in the presence of the petitioner and other rival claimants and the respondents are permitted to obtain assistance of the police from the concerned jurisdictional police station, in order to effectively complete the survey and demarcation of boundaries. The respondents are directed to complete the above exercise, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(AS) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 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.

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To

1. The Tahsildar, Taluk Office, Paramakudi Taluk, Ramanathapuram District.

2. The Surveyor, Taluk Office, Paramakudi Taluk, Ramanathapuram District.

+1 CC to M/s.D.SENTHIL, Advocate ( SR-12351[F] dated 16/03/2022 ) +1 CC to M/s.SPL Government Pleader ( SR-12498[F] dated 16/03/2022 ) W.P.(MD)No.4563 of 2022 15.03.2022 SP/23/03/2022/3P/5C 3/3