Madras High CourtWP(MD)/6357/2022disposed of

Pothumani C v. The Tahsildar

2022-04-06Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.6357 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.6357 of 2022 C.Pothumani .. Petitioner Vs 1.The Tahsildar, Oddanchathiram Tahsildar Office, Oddanchathiram, Dindigul District.

2.The Taluk Surveyor, Oddanchathiram Tahsildar Office, Oddanchathiram, Dindigul District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to survey, measure and demarcate the boundaries by placing boundary stones in Survey No.390/2 in Patta No.1196, Thangachiammapatti Village, Oddanchatram Taluk, Dindigul District, insofar as the petitioner is concerned, within such time as this Court may direct. For Petitioner : Mr.M.Joseph Thatheus Jerome For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey and demarcate the boundaries of the land in Survey No.390/2 in Patta No.1196, Thangachiammapatti Village, Oddanchatram Taluk, Dindigul District, on the basis of the petitioner's application, dated 14.07.2021, within a time frame to be fixed by this Court.

2.The petitioner has submitted an application to the respondents on 14.07.2021 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which she claims that it belongs to her absolutely and she has also paid necessary fee for that purpose. Since the said application has not been considered till date, this writ petition has been filed. 3.Heard Mr.M.Joseph Thatheus Jerome, learned Counsel for the writ petitioner and Mr.B.Saravanan, learned Additional Government Pleader who accepts notice on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.6357 of 2022 4.The petitioner has produced documents in support of her case that she is the owner 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 an application on 14.07.2021 for the said purpose.

5.No prejudice would be caused to the respondents, if the application of the petitioner dated 14.07.2021, 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 second respondent to survey and fix the boundaries in the petitioner's land in Survey No.390/2 in Patta No.1196, Thangachiammapatti Village, Oddanchatram Taluk, Dindigul 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 (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The Tahsildar, Oddanchathiram Tahsildar Office, Oddanchathiram,Dindigul District.

2.The Taluk Surveyor, Oddanchathiram Tahsildar Office, Oddanchathiram, Dindigul District.

+1 CC to M/s.M. JOSEPH THATHOUS JEROME, Advocate ( SR-16950[F] dated 06/04/2022 ) +1 CC to M/s.SPL.GP ( SR-17191[F] dated 07/04/2022 ) W.P.(MD)No.6357 of 2022 06.04.2022 MGJ(27.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2