Madras High CourtWP(MD)/6731/2022disposed of

Shanthi v. The Tahsildar

2022-04-12Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.04.2022

CORAM

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

1.The Tahsildar, 2.The Head Surveyor, 3.The Village Administrative Officer, Kalappakulam Village,

...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 to measure the petitioner's land in Survey Nos.428, 429, 427, 556, 556/67, 556/23 and 556/64, situated at Kalappakulam Village, Sankarankovil Taluk, Tenkasi District, based on the revenue records and the petitioner's representation dated 02.02.2022 within a stipulated time fixed by this Court.

For Petitioner : Mr.T.Selvakumaran 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 measure the petitioner's land in Survey Nos.428, 429, 427, 556, 556/67, 556/23 and 556/64 situated at Kalappakulam Village, Sankarankovil Taluk, Tenkasi District based on the petitioner's representation dated 02.02.2022 within a time frame to be fixed by this Court.

2. The petitioner has submitted a representation to the respondents on 02.02.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property which she 1/3

claims that it belongs to her and other legal heirs of the deceased father. Thereafter, she has also given a representation on 31.03.2022. Since the said representations have not been considered till date, this Writ Petition has been filed.

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

4. The petitioner has produced documents in support of her case that she and other legal heirs of the deceased father are the owners of the aforementioned property. She has sought for survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given representations on 02.02.2022 and 31.03.2022 for the said purpose.

5. No prejudice would be caused to the respondents, if the representations of the petitioner dated 02.02.2022 and 31.03.2022 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 Nos.428, 429, 427, 556, 556/67, 556/23 and 556/64 situated at Kalappakulam Village, Sankarankovil Taluk, Tenkasi District, after giving notice to the petitioner and the 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 (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Tahsildar, 2/3

2.The Head Surveyor, 3.The Village Administrative Officer, Kalappakulam Village, +1 CC to M/s.SPL.GP. ( SR-18576[F] dated 13/04/2022 ) 12.04.2022 RD(25.04.2022) 3P 5C 3/3