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Madras High CourtWP(MD)/8684/2022disposed of

Vasanthi .B v. The Thasildar

2022-04-28Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.8684 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.8684 of 2022 B.Vasanthi ... Petitioner /Vs./ 1.The Thasildar, Bodinayakanur Taluk, Theni District.

2.The Taluk Head Surveyor, Bodinayakanur Taluk, Thasildar Office, Theni District.

... 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 comprised in Survey Nos.195/2A, 196/2, 200/1B1, 197/1B and 192/2M1 in Patta Nos.3128, 32732 and 32523 of Bodinayakanur Taluk and Village, Theni District and fix the boundary within a stipulated time period as fixed by this Court by considering upon the petitioner's representation dated 18.04.2022. For Petitioner : Mr.Mohammed Ashik Jaman For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey and fix the boundary for the land comprised in Survey Nos.195/2A, 196/2, 200/1B1, 197/1B and 192/2M1 in Patta Nos.3128, 32732 and 32523 of Bodinayakanur Taluk and Village, Theni District, on the basis of the petitioner's representation dated 18.04.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 18.04.2022 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.Mohammed Ashik Jaman, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.8684 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 18.04.2022 for the said purpose.

5.No prejudice would be caused to the first respondent, 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 with the assistance of the second respondent to survey and fix the boundaries in the petitioner's property bearing Survey Nos.195/2A, 196/2, 200/1B1, 197/1B and 192/2M1 in Patta Nos.3128, 32732 and 32523 of Bodinayakanur Taluk and Village, Theni 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 concerned 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 (CS I) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The Thasildar, Bodinayakanur Taluk, Theni District.

2.The Taluk Head Surveyor, Bodinayakanur Taluk, Thasildar Office, Theni District.

+1 CC to M/s.MOHAMMED ASHIK JAMAN, Advocate ( SR-22707[F] dated 29/04/2022 ) +1 CC to M/s.SPL.GP ( SR-23240[F] dated 02/05/2022 ) W.P.[MD]No.8684 of 2022 28.04.2022 MGJ(17.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2