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Madras High CourtWP(MD)/12694/2020disposed of

S. Jothilakshmi v. The Tahsildar

2020-09-25Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD) No.12694 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.12694 of 2020 S.Jothilakshmi ... Petitioner Vs.

The Tahsildar, T.Vadipatti Taluk, Madurai District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondent to survey and demarcate the boundaries of the land comprised in Survey No.54/9A, admeasuring 0.27.00 Ares in Errampatti Village, T.Vadipatti Taluk, Madurai Distict, based on the representation dated 16.07.2020.

For Petitioner : Mr.S.Mohamed Kadhar For Respondent : Mr.C.Ramesh, Special Government Pleader

ORDER

This writ petition is filed to direct the respondent to survey and demarcate the boundaries of the land in Survey No.54/9A, admeasuring 0.27.00 Ares in Errampatti Village, T.Vadipatti Taluk, Madurai Distict, based on the representation dated 16.07.2020.

2.Mr.C.Ramesh, learned Special Government Pleader takes notice for the respondent. By consent, this Writ Petition is taken up for final disposal at the stage of admission itself. 3.The learned counsel appearing for the petitioner would submit that the petitioner made an application on 16.07.2020 to survey and demarcate the boundaries in the petition mentioned property. But, there is no response, hence the petitioner has filed this present writ petition.

4.According to the learned counsel for the petitioner, the family members of joint pattathars in respect of the said property, are decided to settle this share in favour of the petitioner. Therefore, they need to demarcate and fix the boundaries. They have also paid the necessary charges to the respondent.

5.The learned learned Special Government Pleader appearing for the respondent would submit that the petitioner's application https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.12694 of 2020 dated 16.07.2020 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court. 6.In agreement with the submission made by the learned Special Government Pleader, without expressing any opinion on the merits of the case, this Court is inclined to pass the following direction:- (i) The respondent is directed to consider the petitioner's representation dated 16.07.2020 the survey and demarcates the boundaries in accordance with Rules. If any objection from the rival parties, the respondent shall conduct an enquiry and communicate the decision to the parties concerned. (ii) The aforesaid exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 7.This Writ Petition is disposed of, with the above directions. No costs.

Sd/- Assistant Registrar (CRL.SIDE) // True Copy // / /2020 Sub Assistant Registrar(CS) das 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 The Tahsildar, T.Vadipatti Taluk, Madurai District.

+1 CC to SGP ( SR-18241[F] dated 28/09/2020 ) +1 CC to Mr.S.M. KADHAR, Advocate ( SR-18198[F] dated 28/09/2020 ) W.P.(MD) No.12694 of 2020 25.09.2020 KG(CO) KM (06.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2