Madras High CourtWP(MD)/6804/2022disposed of

Rajeshwari G v. The Thasildar

2022-04-12Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.6804 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.6804 of 2022 G.Rajeshwari ... Petitioner /Vs./ 1.The Tahsildar, Taluk Office, Thiruppuvanam Taluk, Sivagangai District.

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

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to survey the lands in Survey No.113/6B to an extent of 0.73.40 Ares of lands in Thiruppachethy South Village, Thiruppuvanam Taluk, Sivagangai District, on the basis of Charges paid by the petitioner 01.04.2022.

For Petitioner : Mr.D.Senthil 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 and demarcate the lands in Survey No.113/6B to an extent of 0.73.40 Ares of lands in Thiruppachethy South Village, Thiruppuvanam Taluk, Sivagangai District, based on the petitioner's representation dated 01.04.2022, within a time frame to be fixed by this Court. 2.The petitioner has submitted a representation to the respondents on 01.04.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which she claims that it belongs to her absolutely. Since the said representation has not been considered till date, this writ petition has been filed.

3.Heard Mr.D.Senthil, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

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W.P.[MD]No.6804 of 2022 4.The petitioner has produced documents in support of her case that she is the owner of the aforementioned property. She has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 01.04.2022 for the said purpose.

5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 01.04.2022 is considered on merits and in accordance with law, after affording a fair hearing to 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 lands in Survey No.113/6B to an extent of 0.73.40 Ares of lands in Thiruppachethy South Village, Thiruppuvanam Taluk, Sivagangai 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 (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Tahsildar, Taluk Office, Thiruppuvanam Taluk, Sivagangai District.

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

+1 CC to M/s.SPL.GP. ( SR-18825[F] dated 13/04/2022 ) W.P.[MD]No.6804 of 2022 12.04.2022 MGJ(17.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2