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Madras High CourtWP(MD)/8842/2022disposed of

Rani.R v. The Tahsildar

2022-04-29Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.8842 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.8842 of 2022 R.Rani ... Petitioner Vs.

1.The Tahsildar, Kulithalai Taluk, Karur District.

2.The Head Surveyor, Kulithalai Taluk, Karur 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 petitioner's land measuring 0.01.0 ares, under Survey No.352/34 situated at Kallai Village, Kulithalai Taluk, Karur District and to demarcate the four boundaries as per the FMB Sketch by considering the petitioner's application dated 24.09.2021 within the time stipulated by this Court.

For Petitioner : Mr.D.Boopal For Respondents : 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 respondents to survey the petitioner's land measuring 0.01.0 ares, under Survey No.352/34 situated at Kallai Village, Kulithalai Taluk, Karur District and to demarcate the four boundaries as per the FMB Sketch by considering the petitioner's application dated 24.09.2021, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 24.09.2021, 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.D.Boopal, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.8842 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 24.09.2021, 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 first respondent to survey and fix the boundaries in the petitioner's land measuring 0.01.0 ares, under Survey No.352/34 situated at Kallai Village, Kulithalai Taluk, Karur 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 aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (C.O) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The Tahsildar, Kulithalai Taluk, Karur District.

2.The Head Surveyor, Kulithalai Taluk, Karur District.

+1 CC to M/s.SPL.GP ( SR-23180[F] dated 02/05/2022 ) +1 CC to M/s.D. BOOPAL, Advocate ( SR-23284[F] dated 04/05/2022 ) ORDER MADE IN W.P.[MD]No.8842 of 2022 29.04.2022 PKP/18.05.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2