Madras High CourtWP(MD)/8115/2022disposed of

Balakrishnan K v. The Tahsildar

2022-04-26Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.8115 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.8115 of 2022 K.Balakrishnan ... Petitioner Vs.

1.The Tahsildar, Manmangalam Taluk Office, Karur District.

2.The Deputy Surveyor, Manmangalam Taluk Office, Karur District.

... 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 survey the petitioner's land in Survey No.287/D11B situating in Kuppuchi Palayam Village, Manmangalam Block, Karur District, based on the petitioner's representation both in person and through registered post with acknowledgement dated 16.04.2022 within a time limit that may be stipulated by this Court. For Petitioner : Mr.S.Vidhya Sagar For Respondents : Mr.B.Saravanan Additional 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 survey the petitioner's land in Survey No.287/D11B situated at Kuppuchi Palayam Village, Manmangalam Block, Karur District, based on the petitioner's representation dated 16.04.2022, within a time frame that may be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 16.04.2022, 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.S.Vidhya Sagar, learned Counsel for the writ petitioner and Mr.B.Saravanan, learned Additional Government Pleader who accepts notice on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.8115 of 2022 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 16.04.2022 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 to survey and fix the boundaries in the petitioner's property in Survey No.287/D11B situated at Kuppuchi Palayam Village, Manmangalam Block, Karur 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 (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The Tahsildar, Manmangalam Taluk Office, Karur District.

2.The Deputy Surveyor, Manmangalam Taluk Office, Karur District.

+1 CC to M/s.S. VIDHYA SAGAR, Advocate ( SR-21509[F] dated 27/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21914[F] dated 27/04/2022 ) W.P.[MD]No.8115 of 2022 26.04.2022 RK(19/05/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2