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Madras High CourtWP(MD)/5439/2022disposed of

Selvi.S v. The District Collector

2022-03-28Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Selvi ... Petitioner /Vs./ 1.The District Collector, Tenkasi District, Tenkasi.

2.The Tahsildar, V.K.Pudur Taluk, Tenkasi District.

3.The Taluk Surveyor, V.K.Pudur Taluk, Tenkasi District.

4.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

5.Madasamy ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 3rd Respondent to survey the land in Natham S.No.315/32, 420 Sq.ft, 39.02 Sq.Meter of Melamaruthappapuram, V.K.Pudur Taluk, Tenkasi District with the help of 4th Respondent on the basis of the petitioner's representation dated 14.03.2022. For Petitioner : Mr.M.Sankar For R1 to R4 : Mr.T.Amjad Khan Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the third respondent to survey the land in Natham S.No.315/32, 420 Sq.ft, 39.02 Sq.Meter of Melamaruthappapuram, V.K.Pudur Taluk, Tenkasi District, with the help of fourth respondent, based on the petitioner's representation dated 14.03.2022, within a time frame to be fixed by this Court. 2.The petitioner has submitted a representation to the respondents on 14.03.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which she 1/3

claims that it belongs to her absolutely. Since the said representation has not been considered till date, this writ petition has been filed.

3.Heard Mr.M.Sankar, learned Counsel for the writ petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the official 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 14.03.2022 for the said purpose.

5.No prejudice would be caused to the official respondents, if the representation of the petitioner dated 14.03.2022 is considered on merits and in accordance with law, after affording a fair hearing to the petitioner, the fifth respondent as well as the rival claimants, if any.

6.Accordingly, this Court directs the third respondent to survey the petitioner's land in Natham S.No.315/32, 420 Sq.ft, 39.02 Sq.Meter of Melamaruthappapuram, V.K.Pudur Taluk, Tenkasi District, after giving notice to the petitioner, the fifth respondent and rival claimants, if any, within a period of twelve [12] weeks from the date of receipt of a copy of this order. If required, the third respondent shall seek assistance of the fourth respondent police for the purpose of conducting survey and demarcation of the petitioner's land.

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) sm To 1.The District Collector, Tenkasi District, Tenkasi.

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2.The Tahsildar, V.K.Pudur Taluk, Tenkasi District.

3.The Taluk Surveyor, V.K.Pudur Taluk, Tenkasi District.

4.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

+1 CC to M/s.SPL GP ( SR-15047[F] dated 29/03/2022 ) order made in Dated:

28.03.2022 NSN(CO) PA(06.04.2022) 3P 6C 3/3