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Madras High CourtWP(MD)/4727/2022disposed of

Subbulakshmi S v. The Thasildar

2022-03-17Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Subbulakshmi .. Petitioner Vs 1.The Tahsildar, 2.The Inspector (Land Survey), Divisional Inspector Office, 3.The Taluk Deputy Inspector (Land Survey), .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to survey the petitioner's land which is situated in Survey No.61/6A, 61/5A2, in an extent of 32 cents Pethanadarpatti Village, Alangulam Taluk, Tenkasi District, by considering the petitioner's representation, dated 07.10.2020.

For Petitioner : Mr.P.Murugesan For Respondents : Mrs.S.Jeyapriya, Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the the respondents to survey the petitioner's land which is situated in Survey No.61/6A, 61/5A2, measuring an extent of 32 cents Pethanadarpatti Village, Alangulam Taluk, Tenkasi District, by considering the petitioner's representation, dated 07.10.2020, within a time frame to be fixed by this Court. 2.The petitioner claims that she is the absolute owner of the aforementioned property by virtue of registered settlement deed 1/3

No.1882/12, dated 15.02.2012 and document No.3763/2009, dated 06.10.2009. She has submitted a representation on 07.10.2020, to the respondents, calling upon them to survey and demarcate the boundaries for the aforementioned property. Since the said representation has not been considered till date, she has filed this writ petition.

3.Heard Mr.P.Murugesan, learned counsel for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate, who accepts notice on behalf of the respondents.

4.No prejudice will be caused to the respondents, if the survey and demarcation of boundaries for the aforementioned property is done in the presence of the petitioner as well as any other rival claimant.

5.Accordingly, this Court directs the second respondent to survey and demarcate the boundaries pertaining to the property in Survey No.61/6A, 61/5A2, measuring an extent of 32 cents Pethanadarpatti Village, Alangulam Taluk, Tenkasi District, and fix the boundaries in the said survey number, after affording a fair hearing to the petitioner and any other rival claimant, within a period of twelve weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CS-III) // True Copy // / /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, 2/3

2.The Inspector (Land Survey), Divisional Inspector Office, 3.The Taluk Deputy Inspector (Land Survey), +1 CC to M/s.SPL GP ( SR-12960[F] dated 18/03/2022 ) +1 CC to M/s.P.MURUGESAN, Advocate ( SR-13320[F] dated 21/03/2022 ) 17.03.2022 TM MS/24.03.2022/3P.6C 3/3