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Madras High CourtWP(MD)/10019/2022disposed of

Annalakshmi v. The Tahsildar

2022-05-20Honourable Mr Justice Abdul Quddhose2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)Nos.10019 of 2022 Annalakshmi .. Petitioner Vs 1.The Tahsildar, Taluk Office, Andipatti, Andipatti, Theni District.

2.The Head Surveyor, Taluk Office, Andipatti, Andipatti, Theni District.

.. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to consider the petitioner's representation dated 05.05.2022 and to survey and mark four boundaries of the petitioner's property with an extent of 73.50 Ares in Survey Nos.824/2 and 824/3 which is situated in Mayiladumparai Village, Andipatti Taluk, Theni District, within a stipulated time that may be marked by this Court. For Petitioner : Mr.R.Karunanidhi For Respondents : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first and second respondents to survey and demarcate the boundaries in respect of the petitioner's land measuring 73.50 Ares in Survey Nos.824/2 and 824/3, Mayiladumparai Village, Andipatti Taluk, Theni District.

2.The petitioner has submitted a representation to the respondents on 05.05.2022, 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.

3.Heard Mr.R.Karunanidhi, learned Counsel for the writ petitioner and Mrs.D.Farjana Ghoushia, learned Special Government Pleader who accepts notice on behalf of the respondents. 4.The petitioner has produced documents in support of his case that she is the owner of the aforementioned property. She has sought https://hcservices.ecourts.gov.in/hcservices/ 1/2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 05.05.2022 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 respondents deem 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 measuring 73.50 Ares in Survey Nos.824/2 and 824/3, Mayiladumparai Village, Andipatti Taluk, Theni District, after giving notice to the petitioner and any other necessary party, whom the first respondent deem 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/- Vacation Officer/ Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) pkn To:

1.The Tahsildar, Taluk Office, Andipatti, Andipatti, Theni District.

2.The Head Surveyor, Taluk Office, Andipatti, Andipatti, Theni District.

+1 CC to M/s.R. KARUNANIDHI, Advocate (SR-23912[F] dated 20/05/2022 ) +1 CC to M/s.SPL.GP ( SR-24065[F] dated 23/05/2022 ) W.P.(MD)Nos.10019 of 2022 20.05.2022 RD(31/05/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2