Alagar.S v. The Tahsildhar

W.P.[MD]No.7287 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.7287 of 2022 S.Alagar ... Petitioner /Vs./ 1.The Tahsildar, Madurai West Taluk Office, Madurai District.

2.The Town Surveyor, Madurai West Taluk, Madurai District.

3.Rameswari ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the first and second respondents to conduct the survey and fix the boundary stones in respect of petitioner's property comprised in Survey No.87/1 of an extent of 6.1/2 cents situated at Ponemeni Pudur, Madurai west Taluk, Madurai on the basis of the petitioner's application dated 16.06.2021 within the time fixed by this Court. For Petitioner : Mr.R.Ganesan For R1 and R2 : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first and second respondents to conduct the survey and fix the boundary stones in respect of petitioner's property comprised in Survey No.87/1 of an extent of 6.1/2 cents situated at Ponemeni Pudur, Madurai west Taluk, Madurai, on the basis of the petitioner's application dated 16.06.2021, within a time frame to be fixed by this Court.

2.The petitioner has submitted an application to the official respondents on 16.06.2021 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to him absolutely under the partition deed dated 31.03.2006. Since the said application has not been considered till date, this writ petition has been filed. 3.Heard Mr.R.Ganesan, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the official respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.7287 of 2022 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 an application on 16.06.2021 for the said purpose.

5.No prejudice would be caused to the official respondents, if the survey and demarcation of the boundaries is done in the presence of the petitioner, the third respondent and any other necessary party, whom the official respondents deem fit to put on notice at the time of survey.

6.Accordingly, this Court directs the official respondents to survey and fix the boundaries in the petitioner's property comprised in Survey No.87/1 of an extent of 6.1/2 cents situated at Ponemeni Pudur, Madurai west Taluk, Madurai, after giving notice to the petitioner, the third respondent and any other necessary party, whom the official respondents deem fit to put on notice at the time of survey, within a period of twelve [12] weeks from the date of receipt of a copy of this order. If required, the official respondents shall seek assistance of the concerned police for the purpose of conducting survey and demarcation of the petitioner's land.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Tahsildar, Madurai West Taluk Office, Madurai District.

2.The Town Surveyor, Madurai West Taluk, Madurai District.

+1 CC to M/s.R. GANESHAN, Advocate ( SR-19681[F] dated 20/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-19765[F] dated 20/04/2022 ) W.P.[MD]No.7287 of 2022 Dated:19.04.2022 RK(02/05/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2