Kumar .L v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.04.2022
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE L.Kumar ... Petitioner Vs.
1.The Commissioner, Aranthangi Town, Pudukottai District.
2.The Town Surveyor, Aranthangi Town, Pudukottai District.
3.The Superintendent of Police, Pudukottai District.
4.The Inspector of Police, Aranthangi Town, Pudukottai District.
5.Chokkalingam
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first and second respondents to survey the land to fix the boundary in Survey No.22/2 and to issue patta as per the sale deed in Document No.1699/1996 dated 09.09.1996 in Sub-Registrar Office, Aranthangi, Pudukottai District by affording adequate police protection by the third and fourth respondents. For Petitioner : Mr.V.Panneer Selvam For R-1 and R-2 : Mr.P.Mahendran, Standing Counsel.
For R-3 and R-4 : Mr.T.Amjad Khan, Government Advocate.
ORDER
This Writ Petition has been filed for a Mandamus seeking for a direction to the first and second respondents to survey the land and fix the boundary in Survey No.22/2 and to issue patta as per the sale deed in Document No.1699/1996 dated 09.09.1996 in Sub-Registrar 1/3
Office, Aranthangi, Pudukottai District by affording adequate police protection by the third and fourth respondents, within a time frame to be fixed by this Court.
2. The petitioner has submitted a representation to the respondents on 04.04.2022 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.V.Panneer Selvam, learned counsel for the petitioner, Mr.P.Mahendran, learned Standing Counsel, who accepts notice on behalf of the first and second respondents and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the third and fourth respondents.
4. The petitioner has produced documents in support of his case that he is the owner of the aforementioned property. He has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 04.04.2022 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 as well as the fifth respondent and any other necessary party, whom the second respondent deems fit to put on notice at the time of survey.
6. Accordingly, this Court directs the second respondent to survey and fix the boundaries in the petitioner's property comprised in Survey No.22/2 situated at Ward No.15, Aranthangi Town, Aranthangi Taluk, Pudukottai District, after giving notice to the petitioner as well as the fifth respondent and any other necessary party, whom the second 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. If required, the second respondent shall seek assistance of the fourth respondent police for the purpose of conducting survey and demarcation of the petitioner's property.
7. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) 2/3
Lm To 1.The Commissioner, Aranthangi Town, Pudukottai District.
2.The Town Surveyor, Aranthangi Town, Pudukottai District.
3.The Superintendent of Police, Pudukottai District.
4.The Inspector of Police, Aranthangi Town, Pudukottai District.
+1 CC to M/s.V.PANNEER SELVAM, Advocate ( SR-22678[F] dated 29/04/2022 ) +1 CC to M/s.SPL.GP ( SR-23208[F] dated 02/05/2022 ) 29.04.2022 RD(24.05.2022) 3P 7C 3/3