Madras High CourtWP(MD)/7065/2022disposed of

Kanniyappan.A v. The Tahsildar

2022-04-13Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.7065 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.7065 of 2022 A.Kanniyappan ... Petitioner /Vs./ 1.The Tahsildhar, Kadvaur Taluk, Karur District.

2.The Surveyor, Kadvur Taluk, Karur District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st and 2nd respondents to consider the petitioner's application dated 10.03.2022 for carrying out measurement and sub division in respect of punja lands bearing Survey Number.62/5 admeasuring an extent of 56 Cents situated at Nallamuthupalayam, Pannapatty Village, Kadavur Taluk, Karur District within the time stipulated by this Court. For Petitioner : Ms.Vilma Rexy 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 consider the petitioner's application dated 10.03.2022 for carrying out measurement and sub division in respect of punja lands bearing Survey Number.62/5 admeasuring an extent of 56 Cents situated at Nallamuthupalayam, Pannapatty Village, Kadavur Taluk, Karur District, within a time frame to be fixed by this Court.

2.The petitioner has submitted an application to the respondents on 10.03.2022 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 application has not been considered till date, this writ petition has been filed.

3.Heard Ms.Vilma Rexy, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.7065 of 2022 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 on 10.03.2022 for the said purpose.

5.No prejudice would be caused to the respondents, if the application of the petitioner dated 10.03.2022 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 respondents to survey and fix the boundaries in respect of the petitioner's punja lands bearing Survey Number.62/5 admeasuring an extent of 56 Cents situated at Nallamuthupalayam, Pannapatty Village, Kadavur Taluk, Karur 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-III) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Tahsildhar, Kadvaur Taluk, Karur District.

2.The Surveyor, Kadvur Taluk, Karur District.

+1 CC to M/s.VILMA REXY.V, Advocate ( SR-18685[F] dated 13/04/2022 ) +1 CC to M/s.SPL.GP ( SR-19344[F] dated 19/04/2022 ) W.P.[MD]No.7065 of 2022 13.04.2022 TP(CO) KB(27.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2