Madras High CourtWP(MD)/5785/2022disposed of

Kalimuthu .P v. The Tahsildar

2022-03-31Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.5785 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.5785 of 2022 P.Kalimuthu ... Petitioner Vs.

1.The Tahsildar, Melur Taluk, Madurai District.

2.The Head Surveyor, Melur Taluk, Madurai District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to survey and mark four boundaries of the petitioner's land comprised in Joint Patta No.753, Survey No.193/12 admeasuring an extent of 0.24.00 Ares situated in Keeranur Village, Poonjuthi Post, Melur Taluk, Madurai District based on the petitioner's application dated 02.02.2022 and subsequent representation dated 25.03.2022 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.K.A.S.Prabhu For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the first and second respondents to survey and mark four boundaries of the petitioner's land comprised in Joint Patta No.753, in respect of Survey No.193/12 admeasuring an extent of 0.24.00 Ares situated in Keeranur Village, Poonjuthi Post, Melur Taluk, Madurai District based on the petitioner's application dated 02.02.2022 and subsequent representation dated 25.03.2022 within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 25.03.2022 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.5785 of 2022 3.Heard Mr.K.A.S.Prabhu, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of 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 25.03.2022 for the said purpose.

5.No prejudice would be caused to the respondents if the representation of the petitioner dated 25.03.2022 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 in Survey No.193/12 admeasuring an extent of 0.24.00 Ares situated in Keeranur Village, Poonjuthi Post, Melur 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 (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The Tahsildar, Melur Taluk, Madurai District.

2.The Head Surveyor, Melur Taluk, Madurai District.

+1 CC to M/s.K.A.S.PRABHU, Advocate ( SR-15557[F] dated 31/03/2022 ) +1 CC to M/s.SPL GP ( SR-16081[F] dated 01/04/2022 ) W.P.[MD]No.5785 of 2022 31.03.2022 MGJ(19.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2