Madras High CourtWP(MD)/8741/2022disposed of

Chinnathambi .A v. The Tahsildar

2022-04-29Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.8741 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.8741 of 2022 A.Chinnathambi ... Petitioner vs.

The Tahsildar, Thiruvidaimaruthur Taluk, Thiruvidaimaruthur, Thanjavur District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to survey the lands of the petitioner comprised in Survey No. 78/3B2 and survey No.78/3A situated in Kilakattur Village, Thiruvidaimarthur Taluk, Thanjavur District within the stipulated time specified by this Court.

For Petitioner :Mr.V.Rajiv Rufus For Respondent :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 respondent to survey the lands of the petitioner comprised in Survey No. 78/3B2 and Survey No.78/3A situated in Kilakattur Village, Thiruvidaimarthur Taluk, Thanjavur District, on the basis of petitioner's application dated 12.07.2021, within a time frame to be fixed by this Court.

2.The petitioner has submitted an application to the respondent on 12.07.2021 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 application has not been considered till date, this Writ Petition has been filed. 3.Heard Mr.V.Rajiv Rufus, learned Counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondent.

4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought for survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given an application on 12.07.2021 for the said purpose.

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W.P.(MD)No.8741 of 2022 5.No prejudice would be caused to the respondent, if the survey and demarcation of the boundaries is done in the presence of the petitioner and any other necessary party, whom the respondent deems fit to put on notice at the time of survey.

6.Accordingly, this Court directs the respondent to survey and fix the boundaries in the petitioner's property comprised in Survey No. 78/3B2 and Survey No.78/3A situated in Kilakattur Village, Thiruvidaimarthur Taluk, Thanjavur District, after giving notice to the petitioner and any other necessary party, whom the 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-I) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To The Tahsildar, Thiruvidaimaruthur Taluk, Thiruvidaimaruthur, Thanjavur District.

+1 CC to M/s.SPL.GP. ( SR-23154[F] dated 02/05/2022 ) W.P.(MD)No.8741 of 2022 29.04.2022 RD(18.05.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2