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Madras High CourtWP(MD)/5456/2023disposed of

Dhanuskodi.M v. The Thasildar

2023-03-14Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN M.Dhanuskodi ... Petitioner Vs.

1.The Thasildar Taluk Office, Kallikudi Taluk, Madurai District.

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

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to conduct Survey and fix four boundaries of the petitioners lands in S.F.No.51/1B1, 51/1B5, 51/2B, 51/2E, 68/3B4 and 51/1B2 total extent 3 Acres 35 Cents situated at Sundarangundu Village, Kallikudi Taluk, 1/5

Madurai District, based on the petitioner's representations, dated 15.02.2023 and 24.02.2023.

For Petitioner : Mr.D.Packiaraj For Respondents : Mr.N.Muthu Vijayan - for R1 & R2 Special Government Pleader

O R D E R

The writ petition has been filed in the nature of a Mandamus seeking a direction against the respondents to conduct survey and fix four boundaries relating to the lands of the petitioner in S.F.Nos.51/1B1, 51/1B5, 51/2B, 51/2E, 68/3B4 and 51/1B2 measuring 3.35 acres at Sundarangundu Village, Kallikudi Taluk, Madurai District. The petitioner had given a representation on 15.02.2023 and again on 24.02.2023. The petitioner has also paid necessary charges and also enclosed document in that regard.

2. In the affidavit filed in support of the writ petition, the petitioner claimed that the property is an ancestral property. His father 2/5

had died in the year 1970 and his mother had died in the year 2012. The petitioner also has two other brothers namely, Vellamaruthu and Subramanian. The elder brother has also died. The petitioner and Subramanian, according to the petitioner are the only legal heirs.

3. Let enquiry be conducted by the Tahsildar and notice be issued to the younger brother Subramanian and to legal heirs of Vellamaruthu and also to the petitioner and thereafter, the properties be surveyed and boundary stone may be fixed. The entire exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

4. With the above directions, the writ petition stands disposed of. No costs.

14.03.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No rm 3/5

To 1.The Thasildar Taluk Office, Kallikudi Taluk, Madurai District.

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

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C.V.KARTHIKEYAN, J.

rm 14.03.2023 5/5