Razia Banu .A v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE A.Razia Banu ... Petitioner Vs.

1.The Tahsildar, Pattukottai Taluk, Thanjavur District.

2.The Head Surveyor, O/o.the Head Surveyor Officer, Pattukottai Taluk, Thanjavur District.

3.The Inspector of Police, Adiramapattinam Police Station, Pattukottai Taluk, Thanjavur District.

4.V.Murugesh 5.M.Subramanian 6.R.Lakshmanan

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent Nos.1 and 2 to conduct survey and fix the boundary marks of the petitioner's land situated in Survey No.230/2 in an extent of 0.17 cent and in Survey No.230/3 in an extent of 0.76-1⁄2 cents at Earipurakkarai Village, Pattukottai Taluk, Thanjavur District with the assistance of the respondent No.3 Police Personnel based on the petitioner's representation dated 01.02.2022 within the time stipulated by this Court.

For Petitioner : Mr.I.Pinaygash For R-1 to R-3 : Mr.D.Sasikumar, Additional Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the first and second respondents to conduct survey and fix the boundary marks of the petitioner's land situated in Survey No.230/2 measuring to an extent of 0.17 cents and Survey No.230/3 measuring to an extent of 0.76-1⁄2 cents at Earipurakkarai Village, Pattukottai Taluk, Thanjavur District with the assistance of the third respondent Police Personnel based on the petitioner's 1/3

representation dated 01.02.2022 within a time frame to be fixed by this Court.

2. The petitioner has submitted a representation to the respondents on 01.02.2022 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.

3. Heard Mr.I.Pinaygash, learned counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 3.

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 01.02.2022 for the said purpose.

5. No prejudice would be caused to the respondents, if the representation of the petitioner dated 01.02.2022 is considered on merits and in accordance with law after hearing the petitioner and the respondents 4 to 6 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 Survey No.230/2 measuring to an extent of 0.17 cents and Survey No.230/3 measuring to an extent of 0.76-1⁄2 cents at Earipurakkarai Village, Pattukottai Taluk, Thanjavur District after giving notice to the petitioner and the respondents 4 to 6 as well as 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 second respondent shall seek assistance of the third 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 (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm 2/3

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 Tahsildar, Pattukottai Taluk, Thanjavur District.

2.The Head Surveyor, O/o.the Head Surveyor Officer, Pattukottai Taluk, Thanjavur District.

3.The Inspector of Police, Adiramapattinam Police Station, Pattukottai Taluk, Thanjavur District.

+1 CC to M/s.SPL GP ( SR-15657[F] dated 31/03/2022 ) 30.03.2022 RK(08/04/2022) 3P 5C 3/3