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Madras High CourtWP(MD)/9001/2022disposed of

Subramanian .K v. The Thasildar

2022-04-29Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.9001 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.9001 of 2022 K.Subramanian ... Petitioner vs.

1.The Tahsildar, Musiri Taluk, Trichy District.

2.The Surveyor, Tahsildar Office, Musiri, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to directing the respondents to measure the Survey No.114/7B2 to the extent of 1 Acre situated at M.Pudupatti East Village, Musiri Taluk, Trichy District based on the petitioner's representation dated 07.03.2022, within a time stipulated by this Court.

For Petitioner : Mr.D.Anbarasu 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 conduct survey the property bearing Survey No.114/7B2 to the extent of 1 Acre situated at M.Pudupatti East Village, Musiri Taluk, Trichy District, on the basis of petitioner's representation dated 07.03.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 07.03.2022 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 representation has not been considered till date, this writ petition has been filed.

3.Heard Mr.D.Anbarasu, learned Counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.9001 of 2022 for survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 07.03.2022 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 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 with the assistance of the second respondent in the petitioner's property Survey No.114/7B2 to the extent of 1 Acre situated at M.Pudupatti East Village, Musiri Taluk, Trichy 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. 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) To 1.The Tahsildar, Musiri Taluk, Trichy District.

2.The Surveyor, Tahsildar Office, Musiri, Trichy District.

+1 CC to M/s.D.ANBARASU, Advocate ( SR-23124[F] dated 02/05/2022 ) +1 CC to M/s.SPL.GP. ( SR-23161[F] dated 02/05/2022 ) Order made in W.P.(MD)No.9001 of 2022 29.04.2022 RS (19.05.2022) 2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2