Madras High CourtWP(MD)/6780/2022disposed of

Ganesan v. The Tahsildar

2022-04-12Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.6780 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.6780 of 2022 Ganesan ... Petitioner Vs.

1.The Tahsildar, Andipatti Taluk Office, Andipatti, Theni District.

2.The Head Surveyor, Andipatti Taluk Office, Andipatti, Theni District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to survey and mark four boundaries of my agricultural land property with an extent of 45 cents (18 ares) which is situated in Survey No.1998/3, Thimmarasanayakanur - 2nd Bit Village, Andipatti Taluk, Theni District based on the petitioner's application dated 12.10.2021 and subsequent representation dated 02.03.2022 within a stipulated time that may be fixed by this Court. For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 2 to survey and mark four boundaries of the petitioner's agricultural land with an extent of 45 cents (18 ares) which is situated in Survey No.1998/3, Thimmarasanayakanur - 2nd Bit Village, Andipatti Taluk, Theni District, based on the petitioner's application dated 12.10.2021 and subsequent representation dated 02.03.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 02.03.2022, 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 representation has not been considered till date, this writ petition has been filed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.6780 of 2022 3.Heard Mr.R.Karunanidhi, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of the respondents. 4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 02.03.2022 for the said purpose.

5.No prejudice would be caused to the respondents if the representation of the petitioner dated 02.03.2022 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 property in Survey No.1998/3, Thimmarasanayakanur - 2nd Bit Village, Andipatti Taluk, Theni 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) MR To 1.The Tahsildar, Andipatti Taluk Office, Andipatti,Theni District.

2.The Head Surveyor, Andipatti Taluk Office, Andipatti,Theni District.

+1 CC to M/s.SPL.GP. ( SR-18854[F] dated 13/04/2022 ) W.P.[MD]No.6780 of 2022 12.04.2022 MGJ(27.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2