Madras High CourtWP(MD)/5269/2022disposed of

Rajathi v. The District Collector

2022-03-24Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2022

CORAM

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

1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, 3.The Head Surveyor,

...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 2 and 3 to survey and fix boundaries of the petitioner's lands bearing Survey Nos.288/3A and 288/3B, situated at Madakulam Village of Thirupparankundram Taluk, Madurai District. For Petitioner : Mr.R.Murugappan For Respondents : Mr.B.Saravanan, Additional Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents 2 and 3 to survey and fix the boundaries of the petitioner's lands bearing Survey Nos.288/3A and 288/3B situated at Madakulam Village, Thirupparankundram Taluk, Madurai District within a time frame to be fixed by this Court.

2. The petitioner has submitted a representation to the respondents on 17.08.2016 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.

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3. Heard Mr.R.Murugappan, learned counsel for the petitioner and Mr.B.Saravanan, learned Additional 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 17.08.2016 for the said purpose.

5. No prejudice would be caused to the respondents, if the representation of the petitioner dated 17.08.2016 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 third respondent to survey and fix the boundaries of the petitioner's lands bearing Survey Nos.288/3A and 288/3B situated at Madakulam Village, Thirupparankundram Taluk, Madurai 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 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.

To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, 2/3

3.The Head Surveyor, +1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-14400[F] dated 25/03/2022 ) +1 CC to M/s.SPL GP ( SR-14914[F] dated 28/03/2022 ) 24.03.2022 MGJ(20.04.2022) 3P 6C 3/3