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Madras High CourtWP(MD)/5096/2022disposed of

Mariyasoosai @ Yesumariyan v. The Tahsildar

2022-03-23Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Mariyasoosai @ Yesumariyan ... Petitioner Vs.

1. The Tahsildar, Palani Taluk, Dindigul District.

2. The Special Tahsildar, Aathi Dravidar Welfare, Palani, Dindigul District.

3. Veerappan ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st respondent to carry out survey, measurement and demarcation of boundaries of the housing site measuring to an extent of 0.02 cent bearing Plot No.102, comprised in Survey No.655/1, 2A situated at Korikadavu Village, Palani Taluk, Dindigul District and issue Patta to the above said land by considering my representation dated 10.03.2022.

For Petitioner : Mr.T.Lenin Kumar For Respondents : Mr.M.Lingadurai Special Government Pleader for R1 & R2

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the 1st respondent to carry out survey, measurement and demarcation of boundaries of the housing site measuring an extent of 0.02 cent bearing Plot No.102, comprised in Survey No.655/1, 2A situated at Korikadavu Village, Palani Taluk, Dindigul District and issue Patta to the above said land within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 10.03.2022 seeking for survey and demarcation of 1/3

boundaries in respect of the aforementioned property which she claims that it belongs to her, since the petitioner is the assignee vide order of assignment dated 24.01.2018. Since the said representation has not been considered till date, this writ petition has been filed.

3.Heard Mr.T.Lenin Kumar, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of the respondents 1 and 2. 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 10.03.2022 for the said purpose.

5.No prejudice would be caused to the official respondents if the representation of the petitioner dated 10.03.2022 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 housing site measuring an extent of 0.02 cent bearing Plot No.102, comprised in Survey No.655/1, 2A situated at Korikadavu Village, Palani Taluk, Dindigul District and to consider the representation of the petitioner with regard to issuance of patta, after giving notice to the petitioner, the third respondent 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 (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) MR 2/3

To

1. The Tahsildar, Palani Taluk, Dindigul District.

2. The Special Tahsildar, Aathi Dravidar Welfare, Palani, Dindigul District.

+1 CC to M/s.SPL GP ( SR-14492[F] dated 25/03/2022 ) ORDER MADE IN 23.03.2022 KS(CO) KP(05.04.2022) 3P 4C 3/3