Madras High CourtWP(MD)/10121/2022disposed of

Balasubramanian.K.G v. The Tahsildhar

2022-05-20Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)Nos.10121 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.05.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)Nos.10121 of 2022 K.G.Balasubramanian .. Petitioner Vs 1.The Tahsildar, Madurai East Taluk, Madurai District.

.. Respondent PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to demarcate and fix the boundary of the land measuring about 1 Acre Cents 50, situated in Resurvey No.14/1A, Ilanthaikulam, Madurai East, Madurai District, by considering the representation given by the petitioner dated 21.04.2022 and 07.05.2022 within the a period stipulated by this Court.

For Petitioner : Mr.N.Sathish Babu For respondent : Mrs.D.Farjana Ghoushia Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondent to survey and demarcate the boundaries in respect of the petitioner's land measuring 1 Acre Cents 50 in Resurvey No.14/1A, Ilanthaikulam, Madurai East, Madurai District. 2.The petitioner has submitted a representations to the respondent on 21.04.2022 and 07.05.2022, 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 representations have not been considered till date, this writ petition has been filed.

3.Heard Mr.N.Sathish Babu, learned Counsel for the writ petitioner and Mrs.D.Farjana Ghoushia, learned Special Government Pleader who accepts notice on behalf of the respondent. 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 representations on 21.04.2022 and 07.05.2022 for the said purpose.

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W.P.(MD)Nos.10121 of 2022 5.No prejudice would be caused to the respondent, if the survey and demarcation of the boundaries is done in the presence of the petitioner and any other necessary party, whom the respondent deem fit to put on notice at the time of survey.

6.Accordingly, this Court directs the respondent to survey and fix the boundaries in the petitioner's property measuring 1 Acre Cents 50 in Resurvey No.14/1A, Ilanthaikulam, Madurai East, Madurai 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, Madurai East Taluk, Madurai District.

+1 CC to M/s.SPL.GP ( SR-24057[F] dated 23/05/2022 ) W.P.(MD)Nos.10121 of 2022 20.05.2022 RK(31/05/2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2