Madras High CourtWP(MD)/7751/2022disposed of

Saminathan.U v. The Tahsildar

2022-04-22Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.7751 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.7751 of 2022 U.Saminathan ... Petitioner /Vs./ 1.The Tahsildar, Tahsildar Office, Thanjavur.

2.The Deputy Land Surveyor, Land Survey Sector, Tahsildar Office, Thanjavur.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to consider the petitioner's representations dated 10.03.2022 and 18.03.2022 and consequentially direct the respondents 1 and 2 to survey the petitioner's property situated in survey nos.76A/18, 76A/9D, Kollankarai Village Thanajvur Town and District, within a time frame that may be fixed by this Court.

For Petitioner : Ms.L.Juliet Caroline For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to consider the petitioner's representations dated 10.03.2022 and 18.03.2022 and consequentially direct the respondents to survey the petitioner's property situated in survey nos.76A/18, 76A/9D, Kollankarai Village Thanjavur Town and District, within a time frame to be fixed by this Court. 2.The petitioner has submitted representations to the respondents on 10.03.2022 and 18.03.2022 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 representations have not been considered till date, this writ petition has been filed.

3.Heard Ms.L.Juliet Caroline, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.7751 of 2022 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 representations on 10.03.2022 and 18.03.2022 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 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.76A/18, 76A/9D, Kollankarai Village Thanjavur Town and District, after giving notice to the petitioner 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 (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Tahsildar, Tahsildar Office, Thanjavur.

2.The Deputy Land Surveyor, Land Survey Sector, Tahsildar Office, Thanjavur.

+1 CC to M/s.L.JULIET CAROLINE, Advocate ( SR-20549[F] dated 22/04/2022 ) +1 CC to M/s.SPL.GP ( SR-20898[F] dated 25/04/2022 ) order made in W.P.[MD]No.7751 of 2022 Dated:

22.04.2022 AC(CO) GC(10.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2