Madras High CourtWP(MD)/6997/2022disposed of

Alagar 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 Alagar ... Petitioner Vs.

1.The Tahsildar, 2.The Head Surveyor, Orathanadu Taluk Office, 3.The Firka Surveyor, 4.The Inspector of Police, Thiruvonam Police Station, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 to 3 to survey and demarcate the property comprised in Survey No.94/3 to an extent of 0.25.00 hectares, Patta No.1615, situated at Akkaraivattam Village, Orathanadu Taluk, Thanjavur District by considering the petitioner's representation dated 26.03.2022 submitted to the respondents 1 to 3, within the time frame that may be fixed by this Court.

For Petitioner : Mr.K.Malaimaran For Respondents : Mr.T.Amjad Khan Government Advocate

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 to 3 to survey and demarcate the property comprised in Survey No.94/3 to an extent of 0.25.00 hectares, Patta No.1615, situated at Akkaraivattam Village, Orathanadu Taluk, Thanjavur District, based on the petitioner's representation dated 26.03.2022, within a time frame to be fixed by this Court.

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2.The petitioner has submitted a representation to the respondents on 26.03.2022, 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 representation has not been considered till date, this writ petition has been filed. 3.Heard Mr.K.Malaimaran, learned Counsel for the writ 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 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 a representation on 26.03.2022 for the said purpose.

5.No prejudice would be caused to the respondents if the representation of the petitioner dated 26.03.2022 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 second respondent to survey and fix the boundaries in the petitioner's property in Survey No.94/3 to an extent of 0.25.00 hectares, Patta No.1615, situated at Akkaraivattam Village, Orathanadu Taluk, Thanjavur 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 (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The Tahsildar, 2/3

2.The Head Surveyor, Orathanadu Taluk Office, 3.The Firka Surveyor, 4.The Inspector of Police, Thiruvonam Police Station, +1 CC to M/s.K. MALAIMARAN, Advocate ( SR-18676[F] dated 13/04/2022 ) +1 CC to M/s.SPL.GP ( SR-18967[F] dated 18/04/2022 ) ORDER MADE IN 13.04.2022 KMV(CO) GC(28.04.2022) 3P 7C 3/3