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Madras High CourtWP(MD)/7852/2022disposed of

Perumal.P v. The Thasildar

2022-04-25Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.7852 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.7852 of 2022 P.Perumal ... Petitioner /Vs./ 1.The Tahsildar, Nilakottai Taluk, Dindigul District.

2.The Surveyor, Nilakottai, Dindigul District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to survey the property of the petitioner's wife in Patta No.894 in Survey No.655/1B situated at Pachaimalaikottai, Nilakottai Taluk, Dindigul District and to demarcate the four boundaries by considering the representation of the petitioner dated 20.03.2022 within the time frame fixed by this Court.

For Petitioner : Mr.P.Manikandan 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 survey the property of the petitioner's wife in Patta No.894 in Survey No.655/1B situated at Pachaimalaikottai, Nilakottai Taluk, Dindigul District and to demarcate the four boundaries by considering the representation of the petitioner dated 20.03.2022 within the time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 20.03.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to his wife absolutely. According to the petitioner, she is a mentally disordered person. Since the said representation has not been considered till date, this writ petition has been filed.

3.Heard Mr.P.Manikandan, 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 wife is the owner of the aforementioned property. He has https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.7852 of 2022 sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 20.03.2022 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 any other necessary party, whom the respondents deem 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 Patta No.894 in Survey No.655/1B situated at Pachaimalaikottai, Nilakottai Taluk, Dindigul 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 (Writ) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Tahsildar, Nilakottai Taluk, Dindigul District.

2.The Surveyor, Nilakottai, Dindigul District.

+1 CC to M/s.SPL.GP. ( SR-21192[F] dated 26/04/2022 ) W.P.[MD]No.7852 of 2022 25.04.2022 DKS(CO) KB(10.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2