Saravanan.S v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE S.Saravanan ... Petitioner Vs.

1.The Tahsildar, Kadavur Taluk, Karur District.

2.The Surveyor, Kadavur Taluk, Karur District.

3.V.Thangam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first and second respondents to consider the petitioner's application dated 13.10.2021 for carrying out measurement and subdivision in respect of punja lands bearing Survey Nos.482/1, 482/3, 486/6, 486/8, 490/9, 491/3, 491/5, 65/12B2 admeasuring an extent of 4 acres 50 cents situated at Mavathur Village, Kadavur Taluk, Karur District within the time stipulated by this Court. For Petitioner : M/s.V.Vilma Rexy For R-1 and R-2 : Mrs.S.Jeyapriya, Government Advocate.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the first and second respondents to consider the petitioner's application dated 13.10.2021 for carrying out measurement and subdivision in respect of punja lands bearing Survey Nos.482/1, 482/3, 486/6, 486/8, 490/9, 491/3, 491/5 and 65/12B2 admeasuring an extent of 4 acres 50 cents situated at Mavathur Village, Kadavur Taluk, Karur District within a time frame to be fixed by this Court.

2. It is the case of the petitioner that he and his brother are the absolute owners of the aforementioned property. The petitioner has submitted an application to the respondents on 13.10.2021 1/3

seeking for survey and demarcation of boundaries in respect of the aforementioned property. Since the said application has not been considered till date, this Writ Petition has been filed.

3. Heard Ms.V.Vilma Rexy, learned counsel for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate, who accepts notice on behalf of the respondents 1 and 2.

4. The petitioner has produced documents in support of his case that he and his brother are the owners of the aforementioned property. He has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has submitted an application on 13.10.2021 for the said purpose.

5. No prejudice would be caused to the respondents, if the survey and demarcation of the boundaries of the aforementioned property is done in the presence of the petitioner and all the persons in whose name the joint patta stands and any other necessary party, whom the respondents deems fit to put on notice during the course of the survey and demarcation of boundaries.

6. Accordingly, this Court directs the respondents to conduct survey and demarcate boundaries in respect of the petitioner's property comprised in Survey Nos.482/1, 482/3, 486/6, 486/8, 490/9, 491/3, 491/5 and 65/12B2 admeasuring an extent of 4 acres 50 cents situated at Mavathur Village, Kadavur Taluk, Karur District in the presence of the petitioner and all the persons in whose name the joint patta stands and any other necessary party, whom the respondents deem fit to put on notice during the course of the survey and demarcation of boundaries, 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 (AD-I) // 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, Kadavur Taluk, Karur District.

2.The Surveyor, Kadavur Taluk, Karur District.

+1 CC to M/s.V.VILMA REXY, Advocate ( SR-13389[F] dated 22/03/2022 ) 21.03.2022 RK(01/04/2022) 3P 4C 3/3