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Madras High CourtWP(MD)/8654/2022disposed of

Saroja .J v. The Tahsildar

2022-04-29Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.8654 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.8654 of 2022 J.Saroja ... Petitioner Vs.

1.The Tahsildar, Tenkasi District, Tenkasi.

2.The Surveyor, Tenkasi Taluk, Tenkasi.

3.Kanagamani 4.Muthucharam 5.Pathirakali ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to survey and sub-divide the land in S.Nos.198/1, 198/2 and 198/3A, situated at Keela Kadayam Part-1 Village, Tenkasi Taluk and District and fix the boundary by considering the petitioner's application, vide payment of challan dated 16.09.2020 within the time fixed by this Court.

For Petitioner : Mr.H.Arumugam For R-1 & R-2 : 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 1 and 2 to survey and sub-divide the land in S.Nos.198/1, 198/2 and 198/3A, situated at Keela Kadayam Part-1 Village, Tenkasi Taluk and District and fix the boundary by considering the petitioner's application, vide payment of challan dated 16.09.2020, within a time frame to be fixed by this Court. 2.The petitioner has submitted a representation to the respondents on 16.09.2020, 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.

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

W.P.[MD]No.8654 of 2022 3.Heard Mr.H.ARumugam, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 & 2. 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 16.09.2020 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 to survey and fix the boundaries in the petitioner's property in S.Nos.198/1, 198/2 and 198/3A, situated at Keela Kadayam Part-1 Village, Tenkasi Taluk and 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 (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The Tahsildar, Tenkasi District, Tenkasi.

2.The Surveyor, Tenkasi Taluk, Tenkasi.

+1 CC to M/s.SPL.GP ( SR-23308[F] dated 04/05/2022 ) W.P.[MD]No.8654 of 2022 29.04.2022 MGJ(16.05.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2