Madras High CourtWP(MD)/7639/2022disposed of

Manoharan.M v. The Thasildhar

2022-04-21Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE M.Manoharan ... Petitioner vs.

1.The Tahsildar, Melur Taluk, Madurai District.

2.The Taluk Surveyor, Melur Taluk, Madurai District.

3.The Village Administrative Officer, Thiruvathavoor Village, Melur Taluk, Madurai District.

4.S.Athimoolam 5.M.Athikesavan 6.Mathayananai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 to 4 to survey, measure fix the boundaries in respect of the property comprised in R.S.No.196/9 to an extent of 1 acre 10 cents, Thiruvathavoor Village, Melur Taluk, Madurai District on the basis of the petitioner's representation dated 10.01.2022. For Petitioner :Mr.R.G.Shankar Ganesh For R1 to R3 :Mr.D.Sasikumar Additional Government Pleader

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents 1 to 4 to survey, measure and fix the boundaries in respect of the property comprised in R.S.No.196/9 to an extent of 1 acre 10 cents, Thiruvathavoor Village, Melur Taluk, Madurai District on the basis of the petitioner's representation dated 10.01.2022, within a time frame to be fixed by this Court. 2.The petitioner has submitted a representation to the official respondents on 10.01.2022 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.

1/3

3.Heard Mr.R.G.Shankar Ganesh, learned Counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 3. 4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought for survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 10.01.2022 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 the respondents 4 to 6 and any other necessary party, whom the first respondent deems fit to put on notice at the time of survey.

6.Accordingly, this Court directs the first respondent to survey and fix the boundaries with the assistance of the second respondent in the petitioner's property comprised in R.S.No.196/9 to an extent of 1 acre 10 cents, Thiruvathavoor Village, Melur Taluk, Madurai District, after giving notice to the petitioner and the respondents 4 to 6 and any other necessary party, whom the first respondent deems 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 (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The Tahsildar, Melur Taluk, Madurai District.

2.The Taluk Surveyor, Melur Taluk, Madurai District.

3.The Village Administrative Officer, Thiruvathavoor Village, Melur Taluk, Madurai District.

2/3

+1 CC to M/s.SPL.GP. ( SR-20462[F] dated 22/04/2022 ) 21.04.2022 SRR(CO) KB(02.05.2022) 3P 5C 3/3