Madras High CourtWP(MD)/4838/2022disposed of

Subbaiah .C v. The Tahsildar

2022-03-18Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.4838 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.4838 of 2022 C.Subbaiah .. Petitioner Vs 1.The Tahsildar, Taluk Office Melur Taluk, Madurai District.

2.The Head Surveyor, Melur Taluk, Madurai District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the petitioner's application, dated 24.03.2021 and to survey the land and fix the boundaries and land comprised in S.No.164/9F, 164/9B, 164/9K and 164/9G in patta No.4797 situated at Keelavalaivu Village, Melur Taluk, Madurai District, within the time stipulated by this Court.

For Petitioner : Mr.S.Veerapandi Selvaraj For Respondents : Mr.T.Amjad Khan, Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey the land and fix the boundaries and land comprised in S.No.164/9F, 164/9B, 164/9K and 164/9G in patta No.4797 situated at Keelavalaivu Village, Melur Taluk, Madurai District, based on the petitioner's application, dated 24.03.2021, within a time frame to be fixed by this Court. 2.The petitioner claims that the above said property was purchased by him and his wife on 12.11.2020. He has submitted an application on 24.03.2021, to the respondents, calling upon them to survey and demarcate the boundaries for the aforementioned property. Since the said application has not been considered till date, he has filed this writ petition.

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W.P.(MD)No.4838 of 2022 3.Heard Mr.S.Veerapandi Selvaraj, learned counsel for the petitioner and Mr.T.Amjad Khan, 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 S.No.164/9F, 164/9B, 164/9K and 164/9G in patta No.4797 situated at Keelavalaivu Village, Melur Taluk, Madurai 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 (T&P) // 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, Taluk Office Melur Taluk, Madurai District.

2.The Head Surveyor, Melur Taluk, Madurai District.

+1 CC to M/s.SPL GP ( SR-13197[F] dated 21/03/2022 ) W.P.(MD)No.4838 of 2022 18.03.2022 TM MS/28.03.2022/2P.4C https://hcservices.ecourts.gov.in/hcservices/ 2/2