Madras High CourtWP(MD)/6949/2022disposed of

Nisha.V v. The Tahsildar

2022-04-13Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE V.Nisha ... Petitioner Vs.

1.The Tahsildar, Office of the Tahsildar, 2.The Head Surveyor, Taluk Office,

...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 conduct survey, measure and fix the four boundaries in respect of the petitioner's property comprised in Survey Nos.116/1 and 116/2 and its Plot No.132, total extent of 2400 square feet situated at Gundur Village, Thiruverumbur Taluk, Trichy District on the basis of her application and challan dated 14.07.2021 within the time stipulated by this Court. For Petitioner : Mr.B.Jameel Arasu 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 conduct survey, measure and fix the four boundaries in respect of the petitioner's property comprised in Survey Nos.116/1 and 116/2 and its Plot No.132 measuring a total extent of 2400 square feet situated at Gundur Village, Thiruverumbur Taluk, Trichy District on the basis of her application and challan dated 14.07.2021 within a time frame to be fixed by this Court.

2. The petitioner has submitted an application with the respondents on 14.07.2021 seeking for survey and demarcation of boundaries in respect of the aforementioned property which she 1/3

claims that it belongs to her father. After his death, the petitioner and the other legal heirs of her deceased father are in possession and enjoyment of the same. Since the said application has not been considered till date, this Writ Petition has been filed.

3. Heard Mr.B.Jameel Arasu, learned counsel for the 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 her case that her father 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 submitted an application on 14.07.2021 for the said purpose.

5. No prejudice would be caused to the respondents, if the application of the petitioner dated 14.07.2021 is considered on merits and in accordance with law after hearing the petitioner and the other legal heirs of her deceased father 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 property comprised in Survey Nos.116/1 and 116/2 and its Plot No.132 measuring a total extent of 2400 square feet situated at Gundur Village, Thiruverumbur Taluk, Trichy District after giving notice to the petitioner and the other legal heirs of her deceased father as well as 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 (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Tahsildar, Office of the Tahsildar, 2/3

2.The Head Surveyor, Taluk Office, +1 CC to M/s.SPL.GP ( SR-19347[F] dated 19/04/2022 ) 13.04.2022 RD(02.05.2022) 3P 4C 3/3