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Madras High CourtWP(MD)/7654/2022disposed of

Shri Gg Laal Sidh Babaji Sevasram Trust v. The Tahsildar

2022-04-22Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.7654 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.7654 of 2022 Shri GG Laal Sidh Babaji Sevasram Trust, Represented by Managing Trustee.

... Petitioner Vs.

1.The Tahsildar, Taluk Office, Periyakulam Taluk, Theni District.

2.The Firka Surveyor, Taluk Office, Periyakulam, Theni 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 herein to conduct survey, measurement and fix boundaries of the petitioner's property comprised in Survey No.3042/1A1A2 situated in Thamaraikulam Bit-2, Periyakulam Taluk, Theni District, within a reasonable time.

For Petitioner : Mr.K.Appadurai 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 conduct survey, measurement and fix boundaries of the petitioner's property comprised in Survey No.3042/1A1A2 situated at Thamaraikulam Bit-2, Periyakulam Taluk, Theni District within a time frame to be fixed by this Court.

2. The petitioner has submitted a representation to the respondents on 05.01.2021 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to his Trust 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.7654 of 2022

3. Heard Mr.K.Appadurai, 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 his case to show that the aforementioned property belongs to his Trust. He has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 05.01.2021 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 comprised in Survey No.3042/1A1A2 situated at Thamaraikulam Bit-2, Periyakulam Taluk, Theni 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 (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Tahsildar, Taluk Office, Periyakulam Taluk,Theni District.

2.The Firka Surveyor, Taluk Office, Periyakulam,Theni District.

+1 CC to M/s.K. APPADURAI, Advocate ( SR-20573[F] dated 22/04/2022 ) +1 CC to M/s.SPL.GP ( SR-21021[F] dated 25/04/2022 ) W.P.(MD).No.7654 of 2022 22.04.2022 MGJ(17.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2