Madras High CourtWP(MD)/8694/2022disposed of

Selvarasu .S v. The Tahsildar

2022-04-29Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.8694 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.8694 of 2022 S.Selvarasu .. Petitioner Vs 1.The Tahsildar, Peravurani Taluk, Thanjavur District.

2.The Head Land Surveyor, Taluk Office, Peravurani Taluk, Thanjavur District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to survey the petitioner's land and fix the boundary stones in respect of Survey Nos.45 / 8A and 45 / 8B, situated at Ammayandi Village, Peravurani Taluk, Thanjavur District, based on the petitioner's applications dated 10.03.2021 and 12.10.2021 within the period that may be stipulated by this Court.

For Petitioner : Mr.R.Venakateshwar 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 the property comprised in Survey Nos.45 / 8A and 45 / 8B, situated at Ammayandi Village, Peravurani Taluk, Thanjavur District, on the basis of petitioner's representations dated 10.03.2021 and 12.10.2021, within a time frame to be fixed by this Court.

2.The petitioner has submitted representations to the respondents on 10.03.2021 and 12.10.2021 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 representations has not been considered till date, this writ petition has been filed.

3.Heard Mr.R.Venkateshwar, 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.8694 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 representations on 10.03.2021 and 12.10.2021 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 respondents deem fit to put on notice at the time of survey. 6.Accordingly, this Court directs the respondents to survey and fix the boundaries in the petitioner's property bearing Survey Nos.45 / 8A and 45 / 8B, situated at Ammayandi Village, Peravurani Taluk, Thanjavur District, after giving notice to the petitioner and any other necessary party, whom the respondents deem 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 (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.

To 1.The Tahsildar, Peravurani Taluk, Thanjavur District.

2.The Head Land Surveyor, Taluk Office, Peravurani Taluk, Thanjavur District.

+1 CC to M/s.R.VENKATESHWAR, Advocate (SR-23283[F] dated 04/05/2022) +1 CC to M/s.SPL.GP ( SR-23324[F] dated 04/05/2022 ) W.P.(MD)No.8694 of 2022 29.04.2022 SS(CO)GC(19.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2