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Madras High CourtWP(MD)/10130/2022disposed of

Priya .M.S v. The Tahsildhar

2022-05-20Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.10130 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.05.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.10130 of 2022 M.S.Priya

...Petitioner

Vs.

The Tahsildhar, Madurai East Taluk, Madurai Distirct.

...Respondent

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondent to demarcate and fix the boundaries and transfer the patta in the name of the petitioner in respect of the property situated in Old Survey Nos.17/1, 18 and 19/2, New Survey Nos.17/1B, 18/2, 17/1F, 18/6, 19/2F, 19/2H, situated at Seegankulam Village, Madurai East Taluk, Madurai District, to a total extent of 1 Acre 55.9 cents by considering her applications submitted with the respondent, dated 28.11.2013, 17.06.2020 and 07.05.2022 within the period stipulated by this Court.

For Petitioner : Mr.N.Sathish Babu For Respondent : Mr.S.Kameswaran, Government Advocate.

ORDER

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondent to demarcate and fix the boundaries and transfer the patta in the name of the petitioner in respect of the property situated in Old Survey Nos.17/1, 18 and 19/2, New Survey Nos.17/1B, 18/2, 17/1F, 18/6, 19/2F, 19/2H situated at Seegankulam Village, Madurai East Taluk, Madurai District measuring to a total extent of 1 Acre and 55.9 cents based on the petitioner's applications dated 28.11.2013, 17.06.2020 and 07.05.2022 within a time frame to be fixed by this Court.

2. The petitioner claims that she is the absolute owner of the aforementioned properties. She seeks for demarcation and fixation of boundaries and also for transfer of patta in her name. The petitioner has filed documents along with the Writ Petition to substantiate her claim. She has also filed the same with the respondent.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.10130 of 2022

3. Admittedly, the petitioner's applications, referred to supra, have not been considered till date. No prejudice would be caused to the respondent, if the petitioner's applications seeking for demarcation and fixation of boundaries and also for transfer of patta in her name for the aforementioned properties is considered on merits and in accordance with law, after affording a fair hearing to the petitioner and any other rival claimant, if any and any other necessary party, whom the respondent deems fit to enquire.

4. For the foregoing reasons, this Court directs the respondent to consider the petitioner's applications dated 28.11.2013, 17.06.2020 and 07.05.2022 seeking for demarcation and fixation of boundaries and also for transfer of patta in her name for the property comprised in Old Survey Nos.17/1, 18 and 19/2, New Survey Nos.17/1B, 18/2, 17/1F, 18/6, 19/2F, 19/2H situated at Seegankulam Village, Madurai East Taluk, Madurai District measuring to a total extent of 1 Acre and 55.9 cents and pass final orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order after affording a fair hearing to the petitioner and any other rival claimant, if any and any other necessary party, whom the respondent deems fit to enquire.

5. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Vacation Officer // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To The Tahsildhar, Madurai East Taluk, Madurai Distirct.

+1 CC to M/s.SPL.GP ( SR-24097[F] dated 23/05/2022 ) W.P.(MD).No.10130 of 2022 20.05.2022 MGJ(28.05.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2