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Madras High CourtWP(MD)/8352/2022disposed of

Mani .V v. The Tahsildar

2022-04-27Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.8352 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.8352 of 2022 V.Mani ... Petitioner vs.

1.The Tahsildar, Algangudi Taluk, Pudukottai District. 2.The Firka Surveyor, Algangudi Taluk, Pudukottai District. 3.The Superintendent of Police, Pudukottai District. 4.The Inspector of Police, Vadakadu Police Station, Algangudi Taluk, Pudukottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 1st and 2nd respondents to survey the land and to fix the boundary in Survey Nos. 350/15, 350/16C and 346/12 Vadakadu village, Alankudi Taluk, Pudukottai District by affording adequate police protection by the 3rd and 4th respondents.

For Petitioner :Mr.V.Panneer Selvam For Respondents :Mr.D.Sasikumar 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 land and to fix the boundary in Survey Nos. 350/15, 350/16C and 346/12 Vadakadu village, Alankudi Taluk, Pudukottai District by affording adequate police protection by the 3rd and 4th respondents on the basis of the petitioner's representation dated 08.11.2021, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 08.11.2021 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.V.Panneer Selvam, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.8352 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 08.11.2021 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 first respondent deems fit to put on notice at the time of survey. 6.Accordingly, this Court directs the first respondent to survey and fix the boundaries with the assistance of the second respondent in the petitioner's property bearing Survey Nos. 350/15, 350/16C and 346/12 Vadakadu village, Alankudi Taluk, Pudukottai 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. If required, the first respondent shall seek assistance of the third and fourth respondents 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 (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The Tahsildar, Algangudi Taluk, Pudukottai District.

2.The Firka Surveyor, Algangudi Taluk, Pudukottai District. 3.The Superintendent of Police, Pudukottai District. 4.The Inspector of Police, Vadakadu Police Station, Algangudi Taluk, Pudukottai District.

+1 CC to M/s.V. PANNEER SELVAM, Advocate ( SR-22149[F] dated 28/04/2022 ) +1 CC to M/s.SPL.GP ( SR-22348[F] dated 28/04/2022 ) W.P.(MD)No.8352 of 2022 27.04.2022 MGJ(16.05.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2