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Madras High CourtWP(MD)/4924/2022disposed of

Madhumaran v. The Tahsildar

2022-03-21Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Madhumaran ... Petitioner Vs.

1.The Tahsildar, Nilakottai Taluk, Dindigul District.

2.The Head Land Surveyor, Nilakottai Taluk, Dindigul District.

3.The Land Surveyor, Nilakottai Taluk, Dindigul District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to take necessary steps to survey the land and fix the four boundaries based upon the petitioner's representation with fees E-Challan dated 28.12.2021 and 15.03.2022 within stipulated time fixed by this Court.

For Petitioner : Mr.S.Sivaprakash 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 take necessary steps to survey the land and fix the four boundaries based on the petitioner's representations dated 28.12.2021 and 15.03.2022 within a time frame to be fixed by this Court.

2. The petitioner has submitted a representation to the respondents on 28.12.2021 seeking for survey and demarcation of boundaries of the petitioner's property comprised in Natham Survey No.483/3C1, Survey No.481/2E3 in Patta No.8311, Natham Survey No.481/2E5 and Old Survey No.481/1pa, New Survey Nos.481/2F1, 481/20, Patta No.1866, situated at Sevugampatti Village, 1/3

Pattiveeranpatti Town Panchayat, Nilakottai Taluk, Dindigul District, which he claims that it belongs to him absolutely. Thereafter, he has also submitted a representation on 15.03.2022 for the very same purpose. Since the said representations have not been considered till date, this writ petition has been filed.

3. Heard Mr.S.Sivaprakash, learned Counsel for the 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 for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given representations on 28.12.2021 and 15.03.2022 for the said purpose.

5. No prejudice would be caused to the respondents, if the representations of the petitioner dated 28.12.2021 and 15.03.2022 are 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 respondents to survey and fix the boundaries in the petitioner's property in Natham Survey No.483/3C1, Survey No.481/2E3 in Patta No.8311, Natham Survey No.481/2E5 and Old Survey No.481/1pa, New Survey Nos.481/2F1, 481/20, Patta No.1866, situated at Sevugampatti Village, Pattiveeranpatti Town Panchayat, Nilakottai Taluk, Dindigul 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 (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 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, Nilakottai Taluk, Dindigul District.

2.The Head Land Surveyor, Nilakottai Taluk, Dindigul District.

3.The Land Surveyor, Nilakottai Taluk, Dindigul District.

+1 CC to M/s.SPL GP ( SR-13466[F] dated 22/03/2022 ) 21.03.2022 RK(30/03/2022) 3P 5C 3/3