Madras High CourtWP(MD)/4619/2022disposed of

Punitha Raja v. The Thasildar

2022-03-16Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.4619 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.4619 of 2022 Punitha Raja ... Petitioner /Vs./ 1.The Thasildar, Aundipatti Taluk, Theni District.

2.The Surveyor, Aundipatti Taluk, Theni 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 conduct survey and mark four boundaries to the petitioner's property comprised in Sur.Nos.650/2, 651, 652 & 653 Pulimankombai, Aundipatti Taluk, Theni District within a stipulated time period in accordance with law on the basis of the application dated 15.02.2022. For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to measure and demarcate the land bearing Survey Nos.650/2, 651, 652 & 653 Pulimankombai, Aundipatti Taluk, Theni District by taking into account the petitioner's application dated 15.02.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 15.02.2022 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.C.Senthil Murugan, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.4619 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 15.02.2022 for the said purpose.

5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 15.02.2022 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 bearing Survey Nos.650/2, 651, 652 & 653 Pulimankombai, Aundipatti Taluk, Theni 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(Records) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Thasildar, Aundipatti Taluk, Theni District.

2.The Surveyor, Aundipatti Taluk, Theni District.

+1 CC to M/s.SPL GP ( SR-12734[F] dated 17/03/2022 ) order made in W.P.[MD]No.4619 of 2022 Dated:16.03.2022 ck(CO) TR(28.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2