Madras High CourtWP(MD)/7529/2022disposed of

Alagarsamy.K v. The Tahsildar

2022-04-21Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.7529 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.7529 of 2022 K.Alagarsamy ... Petitioner Vs.

1.The Tahsildar, Vedachandur Taluk, Dindigul District.

2.The Firka Surveyor, Vedachandur Village, Vedachandur Taluk, Dindigul District.

... 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 survey the land comprised in Survey Nos.1058/3 and 1064/5 situated at Vedachandur Village, Vedachandur Taluk, Dindigul District by considering petitioner's representation dated 28.02.2022 within the period that may be stipulated by this Court. For Petitioner : Mr.Sulthan Basha for M/s.Ajmal Associates.

For Respondents : Mr.T.Amjad Khan, Government Advocate.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents to survey the land comprised in Survey Nos.1058/3 and 1064/5 situated at Vedachandur Village, Vedachandur Taluk, Dindigul District, on the basis of the petitioner's representation dated 28.02.2022, within a time frame to be fixed by this Court.

2. The petitioner has submitted a representation to the respondents on 28.02.2022 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.

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W.P.(MD).No.7529 of 2022

3. Heard Mr.Sulthan Basha, learned counsel for the 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 28.02.2022 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 land comprised in Survey Nos.1058/3 and 1064/5 situated at Vedachandur Village, Vedachandur Taluk, Dindigul 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 (As) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Tahsildar, Vedachandur Taluk, Dindigul District.

2.The Firka Surveyor, Vedachandur Village, Vedachandur Taluk, Dindigul District.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-20751[F] dated 25/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-20501[F] dated 22/04/2022 ) W.P.(MD).No.7529 of 2022 21.04.2022 MGJ(04.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2