Senthil.P v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE P.Senthil .. Petitioner Vs 1.The Tahsildar, Vedasandur Taluk Office, Vedasandur, Dindigul District.

2.The Surveyor, Vedasandur Taluk Office, Vedasandur, Dindigul District.

3.The Deputy Superintendent of Police, Vedasandur, Dindigul District.

4.The Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District.

5.Arumugam 6.Manickam 7.Raman 8.Lakshmanan 9.Rajammal 10.Sankar 11.Mookayaee 12.Chellammal .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st and 2nd respondents to measure and demarcation of the petitioner's properties in Survey No.517 to an extend of 1 acre 71 cents and Survey No.518 to an extend of 1 acre 71 cents and Survey No.518 to an extend of 2 acre 11 cents with assistance of the police protection of the 3rd and 4th respondents herein with regard to properties situated at Ayyalur Village, Vedasandur Taluk, Dindigul 1/3

District, based on the petitioner's representationss dated 21.03.2022 and 22.03.2022.

For Petitioner : Mr.G.Gomathi Sankar For Respondents : Mr.S.Jeya Priya for R1 to R4 Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 2 to measure and demarcate the boundaries of the petitioner's properties in Survey No.517 to an extend of 1 acre 71 cents and Survey No.518 to an extend of 1 acre 71 cents and Survey No.518 to an extend of 2 acre 11 cents, on the basis of petitioner's representations dated 21.03.2022 & 22.03.2022, within a time frame to be fixed by this Court. 2.The petitioner has submitted representations to the respondents on 21.03.2022 & 22.03.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned properties, which he claims that they belongs to him absolutely. Since the said representations have not been considered till date, this writ petition has been filed.

3.Heard Mr.G.Gomathi Sankar, learned Counsel for the writ petitioner and Mrs.S.Jeya Priya, learned Government Advocate, who accepts notice on behalf of the respondents 1 to 4. 4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned properties. He has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given representations on 21.03.2022 & 22.03.2022 for the said purpose. 5.No prejudice would be caused to the respondents 1 and 2, if the survey and demarcation of the boundaries is done in the presence of the petitioner, respondents 5 to 11 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 respondents 1 and 2 to survey and fix the boundaries in the petitioner's properties in Survey No.517 to an extend of 1 acre 71 cents and Survey No.518 to an extend of 1 acre 71 cents and Survey No.518 to an extend of 2 acre 11 cents, after giving notice to the petitioner, respondents 5 to 11 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. In case, the respondents 1 and 2 requires police assistance, they shall 2/3

seek the same from the respondent 3 and 4, who grant the same accordingly.

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, Vedasandur Taluk Office, Vedasandur, Dindigul District.

2.The Surveyor, Vedasandur Taluk Office, Vedasandur, Dindigul District.

3.The Deputy Superintendent of Police, Vedasandur, Dindigul District.

4.The Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District.

+1 CC to M/s.G. GOMATHI SANKAR, Advocate ( SR-21721[F] dated 27/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-22071[F] dated 28/04/2022 ) 27.04.2022 RK(13/05/2022) 3P 7C 3/3