Madras High CourtWP(MD)/4637/2022disposed of

Bharanidharan K v. The Tahsildar

2022-03-16Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.4637 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.4637 of 2022 K.Bharanidharan ... Petitioner Vs.

1.The Tahsildar, Madurai East Taluk, Madurai District.

2.The Land Surveyor, Madurai, Madurai District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to survey and fix boundaries in the petitioner's property in Survey No.31/2B, situated at Kathakinaru Village, Madurai East Taluk, Madurai District, on the basis of the petitioner's representation dated 09.02.2022 within a stipulated time fixed by this Court. For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.D.Sasikumar Additional Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey and fix boundaries in the petitioner's property in Survey No.31/2B, situated at Kathakinaru Village, Madurai East Taluk, Madurai District, on the basis of the petitioner's representation dated 09.02.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 09.02.2022 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.J.Jeyakumaran, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.4637 of 2022 for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 09.02.2022 for the said purpose.

5.No prejudice would be caused to the respondents if the representation of the petitioner dated 09.02.2022 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 in Survey No.31/2B, situated at Kathakinaru Village, Madurai East Taluk, Madurai 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 (P&A) // True Copy // 18/03/2022 Sub Assistant Registrar(CS) 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 1.The Tahsildar, Madurai East Taluk, Madurai District.

2.The Land Surveyor, Madurai, Madurai District.

+1 cc to Mr.J.Jeyakumaran, Advocate, SR.No.12761 +1CC to Special Government Pleader SR.No.12732 ORDER MADE IN W.P.[MD]No.4637 of 2022 16.03.2022 SA(18.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2