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Madras High CourtWP(MD)/6948/2022disposed of

Gnanasoundari v. The Tahsildar

2022-04-13Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.6948 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.6948 of 2022 R.Gnanasoundari ... Petitioner Vs.

1.The Tahsildar, Office of the Tahsildar, Illuppur, Pudukkottai District.

2.The Land Surveyor, Illuppur, Pudukkottai District.

...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 survey and sub-divide the petitioner's land in Survey No.13/9A1A in an extent 10 cents, situated at Sundarapatti Village, Illuppur Taluk, Pudukkottai District by considering the fees paid on 23.03.2021, 03.08.2021 and the petitioner's reminder letter dated 30.03.2022 within the time stipulated by this Court. For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.T.Amjad Khan, Government Advocate.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to survey and sub-divide the petitioner's land in Survey No.13/9A1A measuring an extent of 10 cents situated at Sundarapatti Village, Illuppur Taluk, Pudukkottai District by considering the fees paid on 23.03.2021, 03.08.2021 and the petitioner's reminder letter dated 30.03.2022 within a time frame to be fixed by this Court.

2. The petitioner has given a representation to the respondents on 30.03.2022 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. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.6948 of 2022

3. Heard Mr.T.Thirumurugan, learned counsel for the petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents.

4. The petitioner has produced documents in support of her case that she is the owner of the aforementioned property. She has sought for survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 30.03.2022 for the said purpose.

5. No prejudice would be caused to the respondents, if the representation of the petitioner dated 30.03.2022 is considered on merits and in accordance with law after hearing the petitioner and the rival claimants, if any.

6. Accordingly, this Court directs the respondents to survey and fix the boundaries in the petitioner's land in Survey No.13/9A1A measuring an extent of 10 cents situated at Sundarapatti Village, Illuppur Taluk, Pudukkottai 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 (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Tahsildar, Office of the Tahsildar, Illuppur, Pudukkottai District.

2.The Land Surveyor, Illuppur, Pudukkottai District.

+1 CC to M/s.T. THIRUMURUGAN, Advocate ( SR-19094[F] dated 18/04/2022 ) +1 CC to M/s.SPL.GP ( SR-18969[F] dated 18/04/2022 ) W.P.(MD).No.6948 of 2022 13.04.2022 MGJ(28.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2