Madras High CourtWP(MD)/6216/2022disposed of

Daniel .D v. The Tahsildar

2022-04-05Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.6216 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.6216 of 2022 D.Daniel ... Petitioner Vs.

1.The Tahsildar, Sathankulam Taluk, Thoothukudi District.

2.Mariyal 3.Jayakumar 4.Koil Pillai 5.Vijayakumari 6.Selvamani 7.Jenifer 8.Jemila ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to survey and demarcate the petitioner's land situated in S.No.449/17, 461, 462, 463, 467 at Karunkadal Village, Thottiyam Taluk, Thoothukudi District dated 07.03.2022 within the time fixed by this Court.

For Petitioner : Mr.S.Micheal Heldon Kumar For Respondent No.1 : Mr.T.Amjad Khan Government Advocate

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to survey and demarcate the petitioner's lands situated in S.Nos.449/17, 461, 462, 463, 467 at Karunkadal Village, Thottiyam Taluk, Thoothukudi District, based on the petitioner's representation dated 07.03.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the first respondent on 07.03.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned properties 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.S.Micheal Heldon Kumar, learned Counsel for the writ petitioner and Mr.T.Amjad Khan, learned Government Advocate who https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.6216 of 2022 accepts notice on behalf of the respondents.

4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned properties. He has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 07.03.2022 for the said purpose.

5.No prejudice would be caused to the respondents if the representation of the petitioner dated 07.03.2022 is considered on merits and in accordance with law after hearing the petitioner and the respondents 2 to 8, as well as the rival claimants, if any. 6.Accordingly, this Court directs the first respondent to survey and fix the boundaries in the petitioner's properties in S.Nos.449/17, 461, 462, 463, 467 at Karunkadal Village, Thottiyam Taluk, Thoothukudi District after giving notice to the petitioner and the respondents 2 to 8 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.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To The Tahsildar, Sathankulam Taluk, Thoothukudi District.

+1 CC to M/s.SPL.GP ( SR-16855[F] dated 06/04/2022 ) W.P.[MD]No.6216 of 2022 05.04.2022 KG(CO) KB(20.04.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2