Madras High CourtWP(MD)/6244/2022disposed of

Soodamani v. The District Collector

2022-04-05Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Soodamani ... Petitioner Vs.

1.The District Collector, Karur, Karur District.

2.The Tahsildar, Kadavur Taluk Office, Karur District.

3.The Head Surveyor, Kadavur Taluk, Karur District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, by directing the respondents No.2 and 3 to measure the petitioner land in Survey No.1608/4A1B situated at Edayapatti Village, Kadavur Taluk, Karur District based on the revenue records and with petitioner application dated 02.02.2022 within a stipulated time fixed by this Court.

For Petitioner : Mr.B.Santhanam Rajesh Kumar For Respondents : Mr.D.Sasikumar, Additional Government Pleader.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents 2 and 3 to measure the petitioner's land in Survey No.1608/4A1B situated at Edayapatti Village, Kadavur Taluk, Karur District based on the revenue records and the petitioner's application dated 02.02.2022 within a time frame to be fixed by this Court.

2. The petitioner has submitted a representation to the respondents on 02.02.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property which she claims that it belongs to her absolutely. Since the said representation has not been considered till date, this Writ Petition has been filed.

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3. Heard Mr.B.Santhanam Rajesh Kumar, learned counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

4. The petitioner has produced documents in support of her case that she is the owner of the aforementioned property. She has sought for survey and fixation of boundaries by the appointment of a Surveyor and she has given a representation on 02.02.2022 for the said purpose.

5. No prejudice would be caused to the respondents, if the representation of the petitioner dated 02.02.2022 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 third respondent to survey and fix the boundaries in the petitioner's land in Survey No.1608/4A1B situated at Edayapatti Village, Kadavur Taluk, Karur 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) Lm To 1.The District Collector, Karur, Karur District.

2.The Tahsildar, Kadavur Taluk Office, Karur District.

3.The Head Surveyor, Kadavur Taluk, Karur District.

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+1 CC to M/s.SPL.GP ( SR-17023[F] dated 06/04/2022 ) 05.04.2022 NSN(CO) KB(19.04.2022) 3P 5C 3/3