Madras High CourtWP(MD)/6282/2022disposed of

Leela @ Thiruvengadathammal v. The Thasildar

2022-04-06Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.6282 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.6282 of 2022 Leela @ Thiruvengadathammal ... Petitioner Vs.

1.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

2.The Taluk Surveyor (Land Survey), Nanguneri Taluk, Tirunelveli 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 1 and 2 to survey the petitioner's lands comprised in Patta No.4063 situated at Karanthaneri Village, Nanguneri Taluk, Tirunelveli District and lay survey stones within a time frame as stipulated by this Court.

For Petitioner : Mr.A.Srinivasan 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 to survey the petitioner's lands comprised in Patta No.4063 situated at Karanthaneri Village, Nanguneri Taluk, Tirunelveli District and lay survey stones within a time frame to be fixed by this Court.

2. The petitioner has submitted a representation to the respondents on 16.03.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property which she claims that it belongs to her and her sister, Easwariammal. Since the said representation has not been considered till date, this Writ Petition has been filed.

3. Heard Mr.A.Srinivasan, learned counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

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W.P.(MD).No.6282 of 2022

4. The petitioner has produced documents in support of her case that she and her sister are the owners of the aforementioned property. She has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 16.03.2022 for the said purpose.

5. No prejudice would be caused to the respondents, if the representation of the petitioner dated 16.03.2022 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 respondents to survey and fix the boundaries in the petitioner's lands comprised in Patta No.4063 in Survey Nos.728/4E15, 728/4E11, 728/4E8, 728/4E2, 728/4E13, 728/4E14, 728/4E12 situated at Karanthaneri Village, Nanguneri Taluk, Tirunelveli District, after giving notice to the petitioner and her sister, Easwariammal 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 (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Tahsildar, Nanguneri Taluk, Tirunelveli District.

2.The Taluk Surveyor (Land Survey), Nanguneri Taluk, Tirunelveli District.

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