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Madras High CourtWP(MD)/8420/2022disposed of

Madhavi .M v. The Tahsildar

2022-04-28Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.8420 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.8420 of 2022 M.Madhavi ... Petitioner Vs.

1. The Tahsildar, O/o. The Tahsildar, Tenkasi District, Tenkasi.

2. The Land Surveyor, O/o. The Land Surveyor, Tenkasi District, Tenkasi.

... 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 the land in Survey No.434/1A1 in an extent 1254.5150 Sq.mt situated at Melambur Village Part-I Ambhasamuthiram Taluk, Tirunelveli District by consider the fee paid on 31.01.2022 and petitioner's reminder letter dated 22.04.2022 within the time stipulated by this Court. For Petitioner : Mr.T.Thirumurugan 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 to survey the land in Survey No.434/1A1 in an extent 1254.5150 sq.mt situated at Melambur Village Part-I Ambhasamuthiram Taluk, Tirunelveli District, based on the petitioner's representation dated 22.04.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 24.02.2022, 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 representation has not been considered till date, this writ petition has been filed.

3.Heard Mr.T.Thirumurgan, 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.8420 of 2022 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 a representation on 24.04.2022, 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.434/1A1 in an extent 1254.5150 sq.mt situated at Melambur Village Part-I Ambhasamuthiram Taluk, Tirunelveli District, with the assistance of the second respondent, 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-III) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To

1. The Tahsildar, O/o. The Tahsildar, Tenkasi District, Tenkasi.

2. The Land Surveyor, O/o. The Land Surveyor, Tenkasi District, Tenkasi.

+1 CC to M/s.T.THIRUMURUGAN, Advocate (SR-22909[F] dated 29/04/2022) +1 CC to M/s.SPL.GP ( SR-23190[F] dated 02/05/2022 ) W.P.[MD]No.8420 of 2022 28.04.2022 USK/18.05.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2