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Madras High CourtWP(MD)/8246/2022disposed of

Murugan.V v. The Tahsildar

2022-04-27Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.8246 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.8246 of 2022 V.Murugan ... Petitioner Vs.

1.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

2.The Zonal Deputy Tahsildar, Kadaladi Taluk, Ramanathapuram District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to measure and issue village FMB to the petitioner in Survey No.196/1B2 in Patta No.10833 in Karungulam Village, Kadaladi Taluk, Ramanathapuram District as per the representation made by the petitioner dated 12.03.2022 and the challan dated 14.03.2022.

For Petitioner : Mr.K.C.Ramalingam 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 measure and issue village FMB sketch to the petitioner for Survey No.196/1B2 in Patta No.10833 in Karungulam Village, Kadaladi Taluk, Ramanathapuram District based on the petitioner's representation dated 12.03.2022 within a time frame to be fixed by this Court.

2. The petitioner claims that he is the absolute owner of the aforementioned property. Patta No.10833 also stands in his name. The petitioner seeks for survey and demarcation of the boundaries as well as for issuance of a village FMB sketch for the subject property. The petitioner has filed the copy of Patta No.10833 standing in his name along with this Writ Petition. The petitioner has given a representation on 12.03.2022 to the respondents seeking for survey and demarcation of boundaries in respect of the aforementioned property. Since the said representation has not been considered till date, he has filed this Writ Petition.

3. Heard Mr.K.C.Ramalingam, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.8246 of 2022 notice on behalf of the respondents.

4. No prejudice would be caused to the respondents, if survey and demarcation of boundaries for the aforementioned property is done in the presence of the petitioner as well as any other rival claimant, whom the first respondent deems fit to put on notice at the time of survey.

5. For the foregoing reasons, this Court directs the first respondent to conduct survey and demarcate the boundaries in the petitioner's property comprised in Survey No.196/1B2 in Patta No.10833 in Karungulam Village, Kadaladi Taluk, Ramanathapuram District based on the petitioner's representation dated 12.03.2022 in the presence of the petitioner and any other rival claimant, 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. The first respondent shall take the assistance of a Surveyor for the aforementioned purpose. The necessary charges for the survey and demarcation shall be paid by the petitioner to the first respondent.

6. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.

2.The Zonal Deputy Tahsildar, Kadaladi Taluk, Ramanathapuram District.

+1 CC to M/s.K.C. RAMALINGAM, Advocate ( SR-22045[F] dated 28/04/2022 ) +1 CC to M/s.SPL. GP ( SR-22993[F] dated 29/04/2022 ) W.P.(MD).No.8246 of 2022 27.04.2022 RD(16.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2