Madras High CourtWP(MD)/7850/2022disposed of

Thangaraj v. The Tahsildar

2022-04-25Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Thangaraj ... Petitioner /Vs./ 1.The Tahsildar, Madurai West, Madurai District.

2.The Taluk Surveyor, Tahsildar Office, Madurai West, Madurai District.

3.The Firka Surveyor, Madurai West, Atchampathu, Madurai 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 land in Survey Nos.361/1A and 361/1C at Vilacheri Village, Madurai West, Madurai District by considering the petitioner's representation dated 10.03.2022 by giving notice to the parties concern within a stipulated time as may be fixed by this Court.

For Petitioner : Mr.T.Sugadev For Respondents : Mr.T.Amjad Khan, Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to survey the land in Survey Nos.361/1A and 361/1C at Vilacheri Village, Madurai West, Madurai District by considering the petitioner's representation dated 10.03.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 10.03.2022 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 representation has not been considered till date, this writ petition has been filed.

3.Heard Mr.T.Sugadev, learned Counsel for the writ petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents.

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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 a representation on 10.03.2022 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 and third respondents to survey and fix the boundaries in the petitioner's property bearing Survey Nos.361/1A and 361/1C at Vilacheri Village, Madurai West, Madurai 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 (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Tahsildar, Madurai West, Madurai District.

2.The Taluk Surveyor, Tahsildar Office, Madurai West, Madurai District.

3.The Firka Surveyor, Madurai West, Atchampathu, Madurai District.

+1 CC to M/s.M. JEGADEESHPANDIAN, Advocate ( SR-21735[F] dated 27/04/2022 ) 2/3

+1 CC to M/s.SPL.GP. ( SR-21259[F] dated 26/04/2022 ) 25.04.2022 ARK(CO) KB(13.05.2022) 3P 6C 3/3