Madras High CourtWP(MD)/7735/2022disposed of

Sundar Rajan v. The Tahsildar

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 Sundar Rajan ... Petitioner /Vs./ 1.The Tahsildar, 2.The Head Surveyor, Vembakottai Taluk Office, ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents 1 and 2 to survey the petitioner's properties in survey Nos. 1156/2C3B, 1156/2C3C, 1157/1B, 1157/2B1 and 1156/11 situated at Alangulam Village, Vembakottai Taluk, Virudhunagar District and to fix boundary stones on the basis of documents produced by the petitioner within a time frame that may be fixed by this Court. For Petitioner : Mr.P.T.Ramesh Raja 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 1 and 2 to survey the petitioner's properties in survey Nos.1156/2C3B, 1156/2C3C, 1157/1B, 1157/2B1 and 1156/11 situated at Alangulam Village, Vembakottai Taluk, Virudhunagar District and to fix boundary stones on the basis of documents produced by the petitioner and the petitioner's representation dated 07.02.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 07.02.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to his mother absolutely. She died on 21.08.2020 and he has produced the legal heirship certificate also, in which he is one of the legal heirs of the deceased Muthulakshmi, 1/3

who is his mother. Since the said representation has not been considered till date, this writ petition has been filed. 3.Heard Mr.P.T.Ramesh Raja, learned Counsel for the writ 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 that his mother 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 07.02.2022 for the said purpose.

5.No prejudice would be caused to the first respondent, if the survey and demarcation of the boundaries is done in the presence of the petitioner, other legal heirs of the deceased Muthulakshmi, who is his mother 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 with the assistance of the second respondent to survey and fix the boundaries in the petitioner's property bearing survey Nos.1156/2C3B, 1156/2C3C, 1157/1B, 1157/2B1 and 1156/11 situated at Alangulam Village, Vembakottai Taluk, Virudhunagar District, after giving notice to the petitioner, other legal heirs of the deceased Muthulakshmi, who is his mother 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 (A.D.II) // True Copy // / /2022 Sub Assistant Registrar(CS) Sm To 1.The Tahsildar, 2/3

2.The Head Surveyor, Vembakottai Taluk Office, +1 CC to M/s.SPL.GP ( SR-21004[F] dated 25/04/2022 ) 22.04.2022 RD(05.05.2022) 3P 4C 3/3