Madras High CourtWP(MD)/5890/2022disposed of

Arulmighu Suyambulingaswamy Thirukoil v. The Tashildar

2022-04-01Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Arulmighu Sri Suyambulingaswamy Thirukoil, Represented by its Hereditary Trustee, Uvari, Thisayanvilai Taluk, Tirunelveli District.

... Petitioner Vs.

The Tahsildar, Taluk Office, Thisayanvilai Taluk, Tirunelveli District.

... Respondent P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to depute the Taluk surveyor to measure the property bearing Survey number 408/2 situated in Karaisuthu Uvari Village within Thisayanvilai Taluk in Tirunelveli District for the purpose of fixing the boundaries of the property.

For Petitioner : Mr.V.Chandrasekar For Respondent : Mr.B.Saravanan Additional Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondent to depute the Taluk surveyor to measure the property bearing Survey number 408/2 situated in Karaisuthu Uvari Village within Thisayanvilai Taluk in Tirunelveli District for the purpose of fixing the boundaries of the property, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 27.01.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property which they 1/3

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

3.Heard Mr.V.Chandrasekar, learned Counsel for the writ petitioner and Mr.B.Saravanan, learned Additional Government Pleader who accepts notice on behalf of the respondent. 4.The petitioner has produced documents in support of their case that the aforementioned property is a temple property. They have sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 27.01.2022 for the said purpose. 5.No prejudice would be caused to the respondent if the representation of the petitioner dated 27.01.2022 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 respondent to survey and fix the boundaries in the petitioner's property in Survey number 408/2 situated in Karaisuthu Uvari Village within Thisayanvilai Taluk in Tirunelveli 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 (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To The Tahsildar, Taluk Office, Thisayanvilai Taluk, Tirunelveli District.

+1 CC to M/s.V.CHANDRASEKAR, Advocate ( SR-16036[F] dated 01/04/2022 ) 2/3

+1 CC to M/s.SPL GP ( SR-16338[F] dated 04/04/2022 ) ORDER MADE IN 01.04.2022 PA(08.04.2022) 3P 4C 3/3