Madras High CourtWP(MD)/7286/2022disposed of

Ponnusamy v. The Tahsildar

2022-04-19Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.7286 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.7286 of 2022 Ponnusamy ... Petitioner /Vs./ 1.The Tahsildar, Marungapuri Taluk Office, M.Kallupatti, Trichy District.

2.The Taluk Surveyor, Marungapuri Taluk Office, M.Kallupatti, Trichy District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd Respondent to conduct survey the property in Patta No.1273 with respect of survey Nos. 139/1A and 139/1B for a total extent 1.51.50 Hectares, which is situated at Marungapuri Village and Taluk, Trichy District on the basis of petitioner's representation dated 14.03.2022 within time frame fixed by this Court.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey the property (Patta No.1273) in survey Nos.139/1A and 139/1B measuring to a total extent of 1.51.50 Hectares, which is situated at Marungapuri Village and Taluk, Trichy District, on the basis of the petitioner's representation dated 14.03.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 14.03.2022 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.T.Vadivelan, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

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W.P.[MD]No.7286 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 a representation on 14.03.2022 for the said purpose.

5.No prejudice would be caused to the respondents, if the survey and demarcation of the boundaries is done in the presence of the petitioner and any other necessary party, whom the respondents deem fit to put on notice at the time of survey. 6.Accordingly, this Court directs the respondents to survey and fix the boundaries in the petitioner's property bearing Patta No.1273 in survey Nos.139/1A and 139/1B measuring to total extent of 1.51.50 Hectares, which is situated at Marungapuri Village and Taluk, Trichy District, after giving notice to the petitioner and any other necessary party, whom the 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. 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 // 04/05/2022 Sub Assistant Registrar(CS) sm To 1.The Tahsildar, Marungapuri Taluk Office, M.Kallupatti, Trichy District.

2.The Taluk Surveyor, Marungapuri Taluk Office, M.Kallupatti, Trichy District.

+1 CC to M/s.SPL.GP. ( SR-19734[F] dated 20/04/2022 ) W.P.[MD]No.7286 of 2022 19.04.2022 NSN(CO) KB(05.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2