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Madras High CourtWP(MD)/7656/2022disposed of

Vijayalakshmi v. The Tahsildhar

2022-04-22Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE Vijayalakshmi

...Petitioner

Vs.

1.The Tahsildar, Office of the Tahsildar, Athoor Taluk, Dindigul District - 624701.

2.The Taluk Surveyor, Office of Taluk Office, Athoor Taluk, Dindigul District - 624701.

...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 inspect and survey the petitioner's land measuring 12 cents in Survey No.837/4A, Aiyampalayam Village, Athoor Taluk, Dindigul District in accordance with survey records including survey land register extract, Village Account, Adangal Account, Field Measurement Book and survey map and fix boundary and extent in accordance with petitioner's application dated 21.03.2022. For Petitioner : Mr.N.Dilip Kumar 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 inspect and survey the petitioner's land measuring an extent of 12 cents in Survey No.837/4A, Aiyampalayam Village, Athoor Taluk, Dindigul District in accordance with survey records including survey land register extract, Village Account, Adangal Account, Field Measurement Book and survey map and fix boundary and extent based on the petitioner's application dated 21.03.2022, within a time frame to be fixed by this Court.

2. The petitioner has submitted an application with the respondents on 21.03.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which she claims that it belongs to her and her sons absolutely. Since the said application has not been considered till date, this Writ 1/3

Petition has been filed.

3. Heard Mr.N.Dilip Kumar, learned counsel for the 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 her case that she and her sons are the owners of the aforementioned property. She has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has submitted an application on 21.03.2022 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 her sons 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 measuring an extent of 12 cents in Survey No.837/4A, Aiyampalayam Village, Athoor Taluk, Dindigul District, after giving notice to the petitioner and her sons 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 () // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Tahsildar, Office of the Tahsildar, Athoor Taluk, Dindigul District - 624701.

2.The Taluk Surveyor, Office of Taluk Office, Athoor Taluk, Dindigul District - 624701.

+1 CC to M/s.N.DILIPKUMAR, Advocate ( SR-20999[F] dated 25/04/2022 ) 2/3

+1 CC to M/s.SPL.GP. ( SR-21153[F] dated 26/04/2022 ) 22.04.2022 NSN(CO) KB(10.05.2022) 3P 5C 3/3