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Madras High CourtWP(MD)/5019/2022disposed of

Nebeesa Bibi v. The Tahsildar

2022-03-22Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.5019 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.5019 of 2022 Nabeesa Bibi ... Petitioner Vs.

1.The Tahsildar, Office of the Tahsildar, Thirupparangundram, Madurai.

2.The Head Surveyor, Office of the Tahsildar, Thirupparangundram, Madurai.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to measure the land in Old Survey No.224, Resurvey No.65/2B1, situated at Nilaiyur II Bit Village (Grama No.81) Thirupparangundram, Madurai, Patta No.1505, based on the revenue records with the petitioner's application dated 22.02.2022 and submit the report to the first respondent within a stipulated time fixed by this Court.

For Petitioner : Mr.D.S.Haroon Rasheed For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to measure the land in Old Survey No.224, Resurvey No.65/2B1, situated at Nilaiyur II Bit Village (Grama No.81) Thirupparangundram, Madurai, Patta No.1505, based on the revenue records with the petitioner's application dated 22.02.2022 and submit the report to the first respondent within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 22.02.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property which she claims that it belongs to her absolutely. Since the said representation has not been considered till date, this writ petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.5019 of 2022 3.Heard Mr.D.S.Haroon Rasheed, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of the respondents. 4.The petitioner has produced documents in support of her case that she is the owner of the aforementioned property. She has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 22.02.2022 for the said purpose.

5.No prejudice would be caused to the respondents if the representation of the petitioner dated 22.02.2022 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 in Old Survey No.224, Resurvey No.65/2B1, situated at Nilaiyur II Bit Village (Grama No.81) Thirupparangundram, Madurai, 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 (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The Tahsildar, Office of the Tahsildar, Thirupparangundram, Madurai.

2.The Head Surveyor, Office of the Tahsildar, Thirupparangundram, Madurai.

+1 CC to M/s.SPL GP ( SR-13910[F] dated 23/03/2022 ) W.P.[MD]No.5019 of 2022 22.03.2022 RK(04/04/2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2