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Madras High CourtWP(MD)/9198/2022disposed of

Balaguru .P v. The Tahsildar

2022-04-29Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.9198 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.9198 of 2022 P.Balaguru ... Petitioner vs.

1.The Tahsildar, Devakottai Taluk, Sivagangai District. 2.The Firka Surveyor, Devakottai Taluk, Sivagangai District. 3.Saravanan Proprietor, Sunrise Paper Mill, Sivagangai District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to directing the respondents 1 and 2 to survey the petitioner's land situated at Survey No.335/8 in Iruvinivayal Group, Devakottai Taluk, Sivagangai District in the light of memo issued by the 1st respondent in Na.Ka.S1/1699/2021 dated 30.06.2021, within a time frame as fixed by this Court. For Petitioner :Mr.A.Karthik For R1 and R2 :Mr.M.Lingadurai Special 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 the petitioner's land situated at Survey No.335/8 in Iruvinivayal Group, Devakottai Taluk, Sivagangai District in the light of memo issued by the 1st respondent in Na.Ka.S1/1699/2021 dated 30.06.2021, within a time frame to be fixed by this Court.

2.The petitioner has submitted an application to the respondents on 21.06.2021 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 application has not been considered till date, this Writ Petition has been filed.

3.Heard Mr.A.Karthik, learned Counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 and 2.

4.The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought for survey and fixation of boundaries by the appointment of a https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.9198 of 2022 Surveyor and the petitioner has given an application on 21.06.2021 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 the third respondent 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 bearing Survey No.335/8 in Iruvinivayal Group, Devakottai Taluk, Sivagangai District, and pass final orders on merits and in accordance with law and in the light of memo issued by the 1st respondent in Na.Ka.S1/1699/2021 dated 30.06.2021, after giving notice to the petitioner and the third respondent 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 directions, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The Tahsildar, Devakottai Taluk, Sivagangai District. 2.The Firka Surveyor, Devakottai Taluk, Sivagangai District. +1 CC to M/s.A.KARTHIK, Advocate ( SR-23277[F] dated 04/05/2022 ) +1 CC to M/s.SPL.GP ( SR-23384[F] dated 04/05/2022 ) W.P.(MD)No.9198 of 2022 29.04.2022 MGJ(19.05.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2