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Madras High CourtWP(MD)/8019/2022disposed of

Antonymuthu.A v. The Tahsildar

2022-04-25Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.8019 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.8019 of 2022 A.Antonymuthu ... Petitioner /Vs./ 1.The Tahsildar Taluk Office, Vilathikulam Taluk, Thoothukudi District.

2.The Head Surveyor Taluk Surveyor, Vilathikulam Taluk, Thoothukudi District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to conduct survey the property in Patta No.741 in Survey Nos.120/1A and 120/1C total extent of 1.16.00 Hectares, which is situated in K.Thangammalpuram, Soorangudi Village, Vilathikulam Taluk, Thoothukudi District, on the basis of petitioner's representation dated 30.01.2022 within time frame fixed by this Court. For Petitioner : Mr.P.Ramachandran For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to survey the property in Patta No.741 in Survey Nos.120/1A and 120/1C total extent of 1.16.00 Hectares, which is situated in K.Thangammalpuram, Soorangudi Village, Vilathikulam Taluk, Thoothukudi District, on the basis of petitioner's representation dated 30.01.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 30.01.2022 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 representation has not been considered till date, this writ petition has been filed.

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

W.P.[MD]No.8019 of 2022 for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 30.01.2022 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.741 in Survey Nos.120/1A and 120/1C total extent of 1.16.00 Hectares, which is situated in K.Thangammalpuram, Soorangudi Village, Vilathikulam Taluk, Thoothukudi 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 (Admin I) // True Copy // / /2022 Sub Assistant Registrar(CS) sm T0 1.The Tahsildar Taluk Office, Vilathikulam Taluk, Thoothukudi District.

2.The Head Surveyor Taluk Surveyor, Vilathikulam Taluk, Thoothukudi District.

+1 CC to M/s.P. RAMA CHANDRAN, Advocate ( SR-21320[F] dated 26/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21193[F] dated 26/04/2022 ) W.P.[MD]No.8019 of 2022 25.04.2022 MGJ(13.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2