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Madras High CourtWP(MD)/8438/2022disposed of

Petchimuthu .S v. The Tahsildar

2022-04-28Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.8438 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.8438 of 2022 S.Petchimuthu ... Petitioner /Vs./ 1.The Tahsildar, Theni Taluk Office, Theni District.

2.The Taluk Surveyor, Theni Taluk Office, Theni.

... 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 and demarcate his landed property comprised in Survey No.866/5 measuring an extent of 0.2.02 Ares equaling 5 Cents situated at Veerapandi Village, Theni Taluk , Theni District. For Petitioner : Mr.A.Ajith Prakash 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 survey and demarcate his landed property comprised in Survey No.866/5 measuring an extent of 0.2.02 Ares equaling 5 Cents situated at Veerapandi Village, Theni Taluk, Theni District, on the basis of petitioner's application dated 19.01.2022, within a time frame to be fixed by this Court. 2.The petitioner has submitted an application to the respondents on 19.01.2022 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 application has not been considered till date, this writ petition has been filed.

3.Heard Mr.A.Ajith Prakash, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.8438 of 2022 Surveyor and the petitioner has given an application on 19.01.2022 for the said purpose.

5.No prejudice would be caused to the first respondent, if the survey and demarcation of the boundaries is done in the presence of the petitioner and any other necessary party, whom the first respondent deems fit to put on notice at the time of survey. 6.Accordingly, this Court directs the first respondent with the assistance of the second respondent to survey and fix the boundaries in the petitioner's property bearing Survey No.866/5 measuring an extent of 0.2.02 Ares equaling 5 Cents situated at Veerapandi Village, Theni Taluk, Theni 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 (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Tahsildar, Theni Taluk Office, Theni District.

2.The Taluk Surveyor, Theni Taluk Office, Theni.

+1 CC to M/s.A. AJITH PRAKASH, Advocate ( SR-22616[F] dated 29/04/2022 ) +1 CC to M/s.SPL.GP ( SR-23245[F] dated 02/05/2022 ) W.P.[MD]No.8438 of 2022 28.04.2022 RD(23.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2