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Madras High CourtWP(MD)/15876/2021disposed of

Syed Ibrahim v. The Tahsildar

2023-11-07Honourable Mr Justice N. Anand Venkatesh4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Syed Ibrahim ... Petitioner -vs1.The Tahsildar, Tenkasi Taluk, Tenkasi District.

2.The Taluk Surveyor, Tenkasi Taluk, Tenkasi District.

3.Syed Mohammed ... Respondents [R3 is impleaded vide order dated 07.11.2023, made in W.M.P.(MD)No.13607 of 2021] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to survey and fix the boundaries of the land of the petitioner, situated in Survey Nos. 1403-1B2I to the extent of 171.86 Square meter and 1403-1B2H to the extent of 446 of Square meter at Aazhvarkurichi Village, Tenkasi Taluk, Tenkasi District, within the period that may be stipulated by this Court. 1/4

For Petitioner :

Mr.K.P.Narayanakumar For R1 and R2 :

Mr.A.K.Manikkam Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents 1 and 2 to consider the application submitted by the petitioner on 02.08.2021 and to survey the subject properties and to fix the boundaries, within the time frame fixed by this Court.

2. Heard the learned counsel appearing on behalf of the petitioner and the learned Special Government Pleader appearing on behalf of the respondents 1 and 2.

3. Taking into consideration the facts and circumstances of the case and the limited relief sought for by the petitioner, there shall be a direction to the first respondent to deal with the representation made by the petitioner on 02.08.2021 and take a decision with regard to survey of the subject properties, for fixing the boundaries, within a period of four weeks from the 2/4

date of receipt of a copy of this order. Notice shall also be issued to the newly impleaded third respondent before undertaking the survey. It is seen from the records that the petitioner has already paid the fees for the survey. The same shall be verified by the first respondent and if any other fees has to be paid for the survey, the same shall be paid by the petitioner.

4. This Writ Petition is disposed of with the above direction. No costs. NCC : Yes/No 07.11.2023 Index : Yes/No (2/2) smn2 To 1.The Tahsildar, Tenkasi Taluk, Tenkasi District.

2.The Taluk Surveyor, Tenkasi Taluk, Tenkasi District.

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N.ANAND VENKATESH, J.

smn2 07.11.2023 (2/2) 4/4