Madras High CourtWP(MD)/5830/2022disposed of

Murugesan .E v. The Thasildhar

2022-03-31Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE E.Murugesan ... Petitioner Vs.

1.The Tahsildar, 2.The Taluk Head Surveyor, Thasildar Office, 3.Lakshmi ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to survey and demarcate the boundaries for petitioner land and house situated in Survey No.658/18P measuring an extent of 0.05.26 hectares, Anaikulam Village, Radhapuram Taluk, Tirunelveli District within Patta No.754 and pass appropriate order after affording due opportunity to the petitioner by considering petitioner payment remitted on 12.07.2021 and representation dated 14.03.2022.

For Petitioner : Mr.V.Sukumar For Respondents 1&2 : 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 official respondents to survey and demarcate the boundaries of the petitioner's land and house situated in Survey No.658/18P measuring an extent of 0.05.26 hectares at Anaikulam Village, Radhapuram Taluk, Tirunelveli District 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 1/3

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.

3.Heard Mr.V.Sukumar, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of respondents 1 and 2.

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 official respondents if the representation of the petitioner dated 14.03.2022 is considered on merits and in accordance with law after hearing the petitioner, the third respondent 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.658/18P measuring an extent of 0.05.26 hectares situated at Anaikulam Village, Radhapuram Taluk, Tirunelveli District, after giving notice to the petitioner, the third respondent 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 III) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The Tahsildar, 2/3

2.The Taluk Head Surveyor, Thasildar Office, +1 CC to M/s.V.SUKUMAR, Advocate ( SR-16192[F] dated 01/04/2022 ) +1 CC to M/s.SPL GP ( SR-16056[F] dated 01/04/2022 ) ORDER MADE IN 31.03.2022 SG(CO) PA(07.04.2022) 3P 5C 3/3