Sekar @ Gunasekar v. The Assistant Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Sekar @ Gunasekar ... Petitioner Vs.
1.The Assistant Director, Department of Land Records and Survey, Karur District, Karur.
2.The Tahsildar, Karur Taluk, Karur.
3.The Head Surveyor, Manmangalam Taluk, Karur District.
4.The Village Administrative Officer, Kuppuchipalayam Village, Manmangalam Taluk, Karur District.
5.Kandhasamy ... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 to 4 to survey the petitioner's agricultural properties in S.F.Nos.305/A11B, 305/B1, 305/B2B & 276/19B to an extent of 0.50, 4.00, 2.50 & 1.50 ares situated at Kuppuchipalayam Village, Manmangalam Taluk, Karur District within time frame fixed by this Court based upon petitioner's representation dated 29.12.2021. For Petitioner : Mr.S.Gokulraj For Respondents 1 to 4 : Mr.B.Saravanan Additional Government Pleader
O R D E R
*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents 2 to 4 to survey the petitioner's agricultural properties in S.F.Nos.305/A11B, 305/B1, 305/B2B & 276/19B to an extent of 0.50, 4.00, 2.50 & 1.50 ares situated at Kuppuchipalayam Village, Manmangalam Taluk, Karur District on the basis of the petitioner's representation dated 29.12.2021 within a 1/3
time frame to be fixed by this Court.
2.The petitioner has submitted a representation to the respondents on 29.12.2021 seeking for survey and demarcation of boundaries in respect of the aforementioned properties 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.
3.Heard Mr.S.Gokulraj, learned Counsel for the writ petitioner and Mr.B.Saravanan, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 4. 4.The petitioner has produced the Civil Court decree in support of his case that he is the owner of the aforementioned properties. He has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 29.12.2021 for the said purpose. 5.No prejudice would be caused to the respondents if the representation of the petitioner dated 29.12.2021 is considered on merits and in accordance with law after hearing the petitioner, the fifth respondent as well as the rival claimants if any. 6.
Accordingly, this Court directs the second respondent to survey and fix the boundaries with the assistance of the third respondent in the petitioner's properties in S.F.Nos.305/A11B, 305/B1, 305/B2B & 276/19B to an extent of 0.50, 4.00, 2.50 & 1.50 ares situated at Kuppuchipalayam Village, Manmangalam Taluk, Karur District, after giving notice to the petitioner, the fifth respondent and 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 police for the purpose of conducting survey and demarcation of the petitioner's lands.
7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) MR 2/3
To 1.The Assistant Director, Department of Land Records and Survey, Karur District, Karur.
2.The Tahsildar, Karur Taluk, Karur.
3.The Head Surveyor, Manmangalam Taluk, Karur District.
4.The Village Administrative Officer, Kuppuchipalayam Village, Manmangalam Taluk, Karur District.
+1 CC to M/s.S. GOKUL RAJ, Advocate ( SR-18300[F] dated 12/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-18574[F] dated 13/04/2022 ) 12.04.2022 RD(02.05.2022) 3P 7C 3/3