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Madras High CourtWP(MD)/6458/2022disposed of

Muthumari v. The Tahsildar

2022-04-07Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2022

CORAM

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

1.The Tahsildar, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.

2.The Firka Surveyor, Taluk Office, Thiruppuvanam, Sivagangai District.

3.M.Sakthiananthan 4.M.Palanivelrajan 5.M.Vadivelrajan

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct survey and demarcate the boundaries of the land comprised in Survey No.110/10 and Patta No.2362 to an extent of 0.16.00 Ares of Thiruppachethi North Village, Thiruppuvanam Taluk, Sivagangai District, within the stipulated time to be fixed by this Court.

For Petitioner : Mr.SP.Vijay Nivas For R-1 and R-2 : Mr.T.Amjad Khan, Government Advocate.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 2 to conduct survey and demarcate the boundaries of the land comprised in Survey No.110/10 and Patta No.2362 measuring to an extent of 0.16.00 Ares situated at Thiruppachethi North Village, Thiruppuvanam Taluk, Sivagangai District within a time frame to be fixed by this Court. 1/3

2. The petitioner has submitted an application to the official respondents on 17.06.2020 seeking for survey and demarcation of boundaries in respect of the aforementioned property which he claims that it belongs to him absolutely. Since the said application has not been considered till date, this Writ Petition has been filed.

3. Heard Mr.SP.Vijay Nivas, learned counsel for the petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents 1 and 2.

4. Learned counsel for the petitioner would submit that necessary police protection may be granted during the conduct of survey and demarcation of the petitioner's property.

5. The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought for survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has submitted an application on 17.06.2020 for the said purpose.

6. No prejudice would be caused to the respondents, if the application of the petitioner dated 17.06.2020 is considered on merits and in accordance with law, after hearing the petitioner and the respondents 3 to 5 as well as the rival claimants, if any.

7. Accordingly, this Court directs the second respondent to survey and fix the boundaries in the petitioner's land comprised in Survey No.110/10 and Patta No.2362 measuring to an extent of 0.16.00 Ares situated at Thiruppachethi North Village, Thiruppuvanam Taluk, Sivagangai District, after giving notice to the petitioner and the respondents 3 to 5 as well as the rival claimants, if any, within a period of twelve (12) weeks from the date of receipt of a copy of this order. If required, the second respondent shall seek assistance of the concerned jurisdictional police for the purpose of conducting survey and demarcation of the petitioner's property.

8. 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 2/3

To 1.The Tahsildar, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.

2.The Firka Surveyor, Taluk Office, Thiruppuvanam, Sivagangai District.

+1 CC to M/s.SPL.GP ( SR-17491[F] dated 08/04/2022 ) 07.04.2022 MGJ(19.04.2022) 3P 4C 3/3