Madras High CourtWP(MD)/6851/2022disposed of

Meenatchi Sundaram A v. The District Collector

2022-04-12Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.6851 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.6851 of 2022 A.Meenakshi Sundaram .. Petitioner Vs 1.The District Collector, Collectorate, Trichy District.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.The Tahsildar, Mannachanallur Taluk, Trichy District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to depute a surveyor to measure and fix boundaries of petitioners property situated at Survey No.531/1, Omandur Village, Mannachanallur Taluk, Trichy District, within stipulated time fixed by this Court.

For Petitioner : Mr.S.Sankara Subramanian 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 the land in Survey No.531/1, Omandur Village, Mannachanallur Taluk, Trichy District, on the basis of the petitioner's application dated 19.12.2018 and representation, dated 10.02.2020, within a time frame to be fixed by this Court. 2.The petitioner has submitted an application on 19.12.2018 followed by a representation, to the respondents on 10.02.2020 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 application and representation have not been considered till date, this writ petition has been filed. 3.Heard Mr.S.Sankara Subramanian, 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.6851 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 a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given an application dated 19.12.2018 followed by a representation, dated 10.02.2020 for the said purpose.

5.No prejudice would be caused to the respondents, if the petitioner's application, dated 19.12.2018, followed by a representation, dated 10.02.2020 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 third respondent to survey and fix the boundaries in the petitioner's land in Survey No.531/1, Omandur Village, Mannachanallur Taluk, Trichy 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 I) // 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 District Collector, Collectorate,Trichy District.

2.The Revenue Divisional Officer, Lalgudi, Trichy District.

3.The Tahsildar, Mannachanallur Taluk,Trichy District.

+1 CC to M/s.S. SANKARA SUBRAMANIAN, Advocate ( SR-18750[F] dated 13/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-18824[F] dated 13/04/2022 ) W.P.(MD)No.6851 of 2022 12.04.2022 MGJ(27.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2