Madras High CourtWP(MD)/5537/2022disposed of

Aundichamy v. The Tahsildar

2022-03-29Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Aundichamy ... Petitioner /Vs./ 1.The Tahsildar, Peraiyur Taluk Office, Peraiyur, Madurai District.

2.The Taluk Surveyor, Peraiyur Taluk Office, Peraiyur, Madurai District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd respondent to conduct survey the property in Patta No.1122 with respect to survey Nos.93/3A, 3B, 3C and 3D for a total extent of 0.32.50 Hectare, which is situated at Chinnakattalai Village, Peraiyur Taluk, Madurai District on the basis of petitioner's application dated 14.03.2022 within the time frame fixed by this Court.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.M.Lingadurai, Special Government Pleader.

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to measure and demarcate the land bearing Patta No.1122 with respect to survey Nos.93/3A, 3B, 3C and 3D for a total extent of 0.32.50 Hectare, which is situated at Chinnakattalai Village, Peraiyur Taluk, Madurai District by taking into account 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 he claims that it belongs to him absolutely. Since the said representation has not been considered till date, this writ petition has been filed.

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3.Heard Mr.T.Vadivelan, 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 his case that he is the owner of the aforementioned property. He 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 respondents, if the representation of the petitioner dated 14.03.2022 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 property bearing Patta No.1122 with respect to survey Nos.93/3A, 3B, 3C and 3D for a total extent of 0.32.50 Hectare, which is situated at Chinnakattalai Village, Peraiyur 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 (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Tahsildar, Peraiyur Taluk Office, Peraiyur, Madurai District.

2.The Taluk Surveyor, Peraiyur Taluk Office, Peraiyur, Madurai District.

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+1 CC to M/s.SPL GP ( SR-15741[F] dated 31/03/2022 ) order made in Dated:

29.03.2022 SE(CO) PA(06.04.2022) 3P 4C 3/3