Madras High CourtWP(MD)/9832/2020disposed of

Chinnathai v. The Tahsildar

2020-08-21Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.9832 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD) No.9832 of 2020 Chinnathai ... Petitioner Vs.

1.The Tahsildar, Peraiyoor Taluk, Madurai District.

2.The Head Surveyor, Peraiyoor Firka, Madurai District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to carry out survey and demarcate the petitioner's property comprised in S.No.74/5A1 admeasuring of 12.5 cents, situated in Kenjampatti Village, Peraiyoor Taluk, Madurai District, in a time bound manner as contemplated under the Tamilnadu Survey and Boundaries Act , 1923.

For Petitioner : Mr.S.Balamurugan For Respondents : Mr.M.Pandiarajan Additional Government Pleader

ORDER

Mr.M.Pandiarajan, learned Additional Government Pleader takes notice for the respondents.

2.With the consent of learned counsel on either side, the writ petition is taken up for final disposal at the stage of admission itself.

3.The writ petitioner wants the respondents to survey and demarcate the petition mentioned property.

4.The learned counsel for the petitioner firmly states that there is no rival claim. The petitioner had given an application on 18.02.2020 by remitting necessary fee. Since for over 6 months, nothing has happened, the petitioner has moved this Court for the relief.

5.The respondents are directed to conclude the survey and demarcation exercise within a period of 8 weeks from the date of receipt of a copy of this order. If during carrying out of the survey exercise the Authority encounters any resistance on account of rival claim, then the Authority will relegate the petitioner to https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.9832 of 2020 move before the jurisdictional civil Court. Even before undertaking survey exercise, the respondents will put all the adjacent owners on notice.

6.The writ petition is disposed of, in the above terms. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) mm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

1.The Tahsildar, Peraiyoor Taluk, Madurai District.

2.The Head Surveyor, Peraiyoor Firka, Madurai District.

+1 CC to M/s.GP ( SR-14762[F] dated 24/08/2020 ) W.P.(MD) No.9832 of 2020 21.08.2020 KK(04.09.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2