Muthulakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Muthulakshmi ... Petitioner Vs.

1.The District Collector, Madurai District Collectorate, Madurai District - 625 020.

2.The Tahsildar, Narasingam, Madurai District - 625 107.

3.The Head Surveyor, Narasingam Village, Madurai District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second and third respondents to survey and mark four boundaries of the petitioner's house site property with an extent of 2 cents and 88 sq.ft in Natham sub division Survey No.11/32, Ulaganeri Village, Madurai East Taluk, Madurai District based on the petitioner's application dated 10.11.2021 and subsequent representation dated 13.04.2022 within a stipulated time that may be marked by this Court.

For Petitioner : Mr.R.Senthil Kumar For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the second and third respondents to survey and mark four boundaries of the petitioner's house site property with an extent of 2 cents and 88 sq.ft in Natham sub division Survey No.11/32, Ulaganeri Village, Madurai East Taluk, Madurai District based on the petitioner's application dated 10.11.2021 and subsequent representation dated 13.04.2022, within a time frame to be fixed by this Court.

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2.The petitioner has submitted a representation to the respondents on 13.04.2022, 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 representation has not been considered till date, this writ petition has been filed.

3.Heard Mr.R.Senthil Kumar, 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 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 13.04.2022, 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 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 in Survey No.11/32, Ulaganeri Village, Madurai East Taluk, Madurai District, after giving notice to the petitioner 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.

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

Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The District Collector, Madurai District Collectorate, Madurai District - 625 020.

2.The Tahsildar, Narasingam, Madurai District - 625 107.

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3.The Head Surveyor, Narasingam Village, Madurai District.

+1 CC to M/s.SPL. GP ( SR-22961[F] dated 29/04/2022 ) 28.04.2022 MGJ(17.05.2022) 3P 5C 3/3