Murugesan.M v. The Tahsildar
W.P.(MD)No.6628 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.6628 of 2022 N.Murugesan .. Petitioner Vs 1.The Tahsildar (Land Survey), Ottanchathiram Taluk, Dindigul District.
2.The Assistant Director of Survey and Land Records, Dindigul, Dindigul District.
.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to consider the application of the petitioner, dated 22.03.2022, within a time frame as fixed by this Court.
For Petitioner : Mr.S.Chandrasekar 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 and demarcate the land in Survey No.423/1 measuring an extent of 10 cents out of total 2 acres, 08 cents punja land situated at Ottanchathiram Village, Ottanchathiram Taluk, Dindigul District, on the basis of the petitioner's application, dated 18.02.2022, followed by a representation, dated 22.03.2022, within a time frame to be fixed by this Court.
2.The petitioner has submitted an application to the respondents on 18.02.2022 followed by a representation dated 22.03.2022, seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to him absolutely. He has also paid necessary charges for that purpose. Since the said representation has not been considered till date, this writ petition has been filed. 3.Heard Mr.S.Chandrasekar, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD)No.6628 of 2022 4.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 given an application on 18.02.2022 along with necessary charges for the said purpose followed by a representation, dated 22.03.2022.
5.No prejudice would be caused to the respondents, if the application of the petitioner, dated 18.02.2022 and representation dated 22.03.2022, are 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.423/1 measuring an extent of 10 cents out of total 2 acres, 08 cents punja land situated at Ottanchathiram Village, Ottanchathiram 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 (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID-19 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 (Land Survey), Ottanchathiram Taluk,Dindigul District.
2.The Assistant Director of Survey and Land Records, Dindigul, Dindigul District.
+1 CC to M/s.S. CHANDRASEKAR, Advocate ( SR-17815[F] dated 11/04/2022 ) +1 CC to M/s.SPL.GP ( SR-17952[F] dated 11/04/2022 ) W.P.(MD)No.6628 of 2022 08.04.2022 MGJ(19.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2