Madras High CourtWP(MD)/6824/2022disposed of

Edwin Rajasundaram M v. The District Collector

2022-04-12Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.6824 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.6824 of 2022 M.Edwin Rajasundaram ... Petitioner /Vs./ 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Thiruchendur Taluk, Thoothukudi District.

3.The Head Taluk Surveyor, Thiruchendur Taluk, Thoothukudi District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 and 3 herein to conduct survey, measurement and fix boundaries of the petitioner's property comprised in Survey Nos.202/1, and 202/1C1B ad measuring 1 acre 45 cents situated at Kandhasamypuram Village, Thiruchendur Taluk, Thoothukudi District within a reasonable time.

For Petitioner : Mr.Aayiram K.Selvakumar For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey, measure and fix boundaries of the petitioner's property comprised in Survey Nos.202/1, and 202/1C1B ad measuring 1 acre 45 cents situated at Kandhasamypuram Village, Thiruchendur Taluk, Thoothukudi District, within a time frame to be fixed by this Court.

2.The petitioner has submitted an application to the respondents on 14.02.2022 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 application has not been considered till date, this writ petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.6824 of 2022 3.Heard Mr.Aayiram K.Selvakumar, 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 survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given an application on 14.02.2022 for the said purpose.

5.No prejudice would be caused to the respondents, if the application of the petitioner dated 14.02.2022 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 second respondent with the assistance of the third respondent to survey, measure and fix boundaries of the petitioner's property comprised in Survey Nos.202/1, and 202/1C1B admeasuring 1 acre 45 cents situated at Kandhasamypuram Village, Thiruchendur Taluk, Thoothukudi 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 (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Tahsildar, Thiruchendur Taluk, Thoothukudi District.

3.The Head Taluk Surveyor, Thiruchendur Taluk, Thoothukudi District.

+1 CC to M/s.SPL.GP. ( SR-18862[F] dated 13/04/2022 ) W.P.[MD]No.6824 of 2022 12.04.2022 RK(05/05/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2