Madras High CourtWP(MD)/8050/2022disposed of

Kalieswaran v. The Tahsildar

2022-04-26Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Kalieswaran ... Petitioner Vs.

1.The Tahsildar, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.

2.The Firka Surveyor, Taluk Office, Thiruppuvanam, Sivagangai District.

3.K.Sappani ... 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 conduct survey and demarcate the boundaries of the land comprised in Survey No. 201/8 and patta No. 1058 to an extent of 0.00.75 sq.meter of Thiruppachethi North Village, Thiruppuvanam Taluk, Sivagangai District, within the stipulated time to be fixed by this Court.

For Petitioner : Mr.SP.Vijay Nivas For Respondents : Mr.M.Lingadurai for R1 & R2 Special Government Pleader

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the Respondents 1 and 2 to conduct survey and demarcate the boundaries of the land comprised in Survey No. 201/8 and patta No. 1058 to an extent of 0.00.75 sq.meter of Thiruppachethi North Village, Thiruppuvanam Taluk, Sivagangai District, on the basis of the petitioner's representation, dated 19.04.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents 1 and 2 on 19.04.2022, 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.SP.Vijay Nivas, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, 1/3

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 for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 19.04.2022 for the said purpose.

5.No prejudice would be caused to the official respondents, if the survey and demarcation of the boundaries is done in the presence of the petitioner, the third respondent and any other necessary party, whom the respondents 1 and 2 deem fit to put on notice at the time of survey.

6.Accordingly, this Court directs the respondents 1 and 2 to survey and fix the boundaries in the petitioner's property comprised in Survey No. 201/8 and patta No. 1058 to an extent of 0.00.75 sq.meter of Thiruppachethi North Village, Thiruppuvanam Taluk, Sivagangai District, after giving notice to the petitioner, the third respondent and any other necessary party, whom the respondents 1 and 2 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. In case, the respondents 1 and 2 requires police assistance, they shall seek the same from the concerned jurisdictional police.

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) TM To 1.The Tahsildar, Thiruppuvanam Taluk, Thiruppuvanam, Sivagangai District.

2.The Firka Surveyor, Taluk Office, Thiruppuvanam, Sivagangai District.

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+1 CC to M/s.SP. VIJAYNIVAS, Advocate ( SR-21402[F] dated 26/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21838[F] dated 27/04/2022 ) 26.04.2022 SRK(CO) KB(16.05.2022) 3P 5C 3/3