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Madras High CourtWP(MD)/21719/2017disposed of

A.Pitchaiammal v. The Tahsildar

2017-11-24Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.21719 of 2017 A.Pitchaiammal ... Petitioner -vs1.

The Tahsildar, Natham Taluk, Dindigul District.

2.

The Taluk Surveyor, Natham Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to survey and fix the boundary marks in S.Nos.377/2 & 3 of Nadumandalam Village, Natham Taluk, Dindigul District and its extent of 1.29.50, 2.31.00 ares respectively based on the petitioner's representation dated 12.12.2016. For Petitioner : Mr.S.Muthalraj For Respondents : Mr.J.Gunaseelan Muthiah Govt. Advocate

O R D E R

This writ petition has been filed, seeking to direct the respondents to survey and fix the boundary marks in S.Nos.377/2 & 3 of Nadumandalam Village, Natham Taluk, Dindigul District and its extent of 1.29.50, 2.31.00 ares respectively based on the petitioner's representation dated 12.12.2016.

2. Mr.J.Gunaseelan Muthiah, learned Government Advocate takes notice for the respondents. By consent, the writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioner is that there is neither civil suit nor rival claim whatsoever pending in respect of the property in question and as such, she has submitted an application/representation dated 12.12.2016 for survey and fixation of the boundary of the property. Since the said representation has not been considered so far, the petitioner is before this Court with the above prayer.

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4. Considering the facts and circumstance of the case and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matters, directs the first respondent to consider the application/representation of the petitioner dated 12.12.2016 and pass suitable orders regarding survey and fixation of boundary of the property, subject to payment of necessary fee by the petitioner, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and other interested parties, if any.

5. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(P & A) /True Copy/ Sub Assistant Registrar To:

1.

The Tahsildar, Natham Taluk, Dindigul District.

2.

The Taluk Surveyor, Natham Taluk, Dindigul District.

+1cc to THE SPECIAL GOVERNMENT PLEADER in SR. No. 89663 +1cc to Mr.NA.PALANIYANDI Advocate in SR. No. 89310 AR JS/KP/SAR.3/14.12.2017/2P-5C W.P(MD)No.21719 of 2017 24.11.2017 https://hcservices.ecourts.gov.in/hcservices/