Madras High CourtWP(MD)/8973/2022disposed of

Pandiammal v. The Special Thasildhar,

2022-04-29Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2022

CORAM

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

1.The Special Tahsildar, 2.The Surveyor,

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to survey and demarcate the petitioner's Plot No.55 situated at Survey No.281/4A, Kidaripatti Village, Melur Taluk, Madurai District within a reasonable time period to be fixed by this Court by considering the petitioner's representation dated 08.04.2022 and also affording reasonable opportunity to the petitioner.

For Petitioner : Mr.V.Sukumar 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 demarcate the petitioner's property in Plot No.55 situated at Survey No.281/4A, Kidaripatti Village, Melur Taluk, Madurai District, on the basis of the petitioner's representation dated 08.04.2022, within a time frame to be fixed by this Court.

2. The petitioner has submitted a representation to the respondents on 08.04.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which she 1/3

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.V.Sukumar, learned counsel for the 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 08.04.2022 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 in Plot No.55 situated at Survey No.281/4A, Kidaripatti Village, Melur Taluk, Madurai 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 six

(6) 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-II) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Special Tahsildar, 2/3

2.The Surveyor, +1 CC to M/s.V.SUKUMAR, Advocate ( SR-22700[F] dated 29/04/2022 ) +1 CC to M/s.SPL.GP ( SR-23400[F] dated 04/05/2022 ) 29.04.2022 sg(CO) TR(24.05.2022) 3P 5C 3/3