← Library
Madras High CourtWP(MD)/8463/2022disposed of

Gomathiammal G v. The Commissioner

2022-04-28Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE G.Gomathiammal ... Petitioner /Vs./ 1.The Commissioner, Sankarankovil Municipality, Sankarankovil, Tenkasi District.

2.The Town Surveyor, Sankarankovil Municipality, Sankarankovil, Tenkasi District.

3.The Inspector of Police, Taluk Police Station, Sankarankovil, Tenkasi District.

4.Paraman ... 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 and demarcate the petitioner's property in Survey No.235/3-8 and Survey No. 235/3-13 situated in Vadakupudur Village, Sankarankovil Taluk, Tenkasi District (now T.S.No.3/8 and T.S.No.3/13 situated in Sankarankovil Part-I, Sankarankovil Town, Tenkasi District) admeasuring 1 Acre and 52 cents, with the aid of the 3rd respondent, within the time frame fixed by this Court. For Petitioner : Mr.R.J.Karthick For R1 & R2 : Mr.P.Mahendran Standing Counsel For R3 : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents 1 and 2 to survey and demarcate the petitioner's property in Survey No.235/3-8 and Survey No.235/3-13 situated in Vadakupudur Village, Sankarankovil Taluk, Tenkasi District (now T.S.No.3/8 and T.S.No.3/13 situated in Sankarankovil Part-I, Sankarankovil Town, Tenkasi District) admeasuring 1 Acre and 52 cents, with the aid of the 3rd respondent, on the basis of petitioner's application dated 19.04.2022, within a time frame to be fixed by this Court.

1/3

2.The petitioner has submitted an application to the respondents on 19.04.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which she claims that it belongs to her absolutely. Since the said application has not been considered till date, this writ petition has been filed.

3.Heard Mr.R.J.Karthick, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the official respondents. 4.The petitioner has produced documents in support of her case that she is the owner of the aforementioned property. She has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given an application on 19.04.2022 for the said purpose.

5.No prejudice would be caused to the second respondent, if the survey and demarcation of the boundaries is done in the presence of the petitioner, the private respondent herein and any other necessary party, whom the second respondent deems fit to put on notice at the time of survey.

6.Accordingly, this Court directs the second respondent to survey and fix the boundaries in the petitioner's property bearing Survey No.235/3-8 and Survey No.235/3-13 situated in Vadakupudur Village, Sankarankovil Taluk, Tenkasi District (now T.S.No.3/8 and T.S.No.3/13 situated in Sankarankovil Part-I, Sankarankovil Town, Tenkasi District) admeasuring 1 Acre and 52 cents, after giving notice to the petitioner, the private respondent and any other necessary party, whom the second 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. If required, the second respondent shall seek assistance of the third respondent police for the purpose of conducting survey and demarcation of the petitioner's land.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 2/3

To 1.The Commissioner, Sankarankovil Municipality, Sankarankovil, Tenkasi District.

2.The Town Surveyor, Sankarankovil Municipality, Sankarankovil, Tenkasi District.

3.The Inspector of Police, Taluk Police Station, Sankarankovil, Tenkasi District.

+1 CC to M/s.P. MAHENDRAN, Advocate ( SR-22160[F] dated 28/04/2022 ) +1 CC to M/s.SPL.GP ( SR-23247[F] dated 02/05/2022 ) order made in Dated:

28.04.2022 srk(CO) GC(16.05.2022) 3P 6C 3/3