Madras High CourtWP(MD)/16713/2020disposed of

G.Kanagaraj v. The Tahsildar

2022-04-12Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.16713 of 2020 G.Kanagaraj ... Petitioner Vs

1. The Tahsildar, Thottiyam Taluk, Trichy District.

2.Durairaj 3.Karuppan @ Sekar ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct 1st respondent to survey and demarcate the petitioners land situated in S.No.245/29 at Unniyur Village, Thottiyam Taluk, Trichy District, initiated by his proceedings in A.Ka.Ma/DK/46/2020, dated 13.2.2020. For Petitioner : Mr.H.Arumugam For Respondents : Mr.B.Saravanan for R1 Additional Government Pleader Mr.H.Lakshmishankar for R2 & R3

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to survey the land and demarcate the petitioners land situated in S.No.245/29 at Unniyur Village, Thottiyam Taluk, Trichy District, initiated by his proceedings in A.Ka.Ma/DK/46/2020, dated 13.02.2020, within a time frame to be fixed by this Court.

2.The petitioner has submitted an application to the respondents on 13.02.2020 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 representation has not been considered till date, this writ petition has been filed.

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3.Heard Mr.H.Arumugam, learned counsel appearing for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader, appearing for the first 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 an application on 13.02.2020 for the said purpose.

5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 13.02.2020 is considered on merits and in accordance with law, after hearing the petitioner, the respondents 2 and 3 as well as any other rival claimants, if any.

6.Accordingly, this Court directs the first respondent to survey and fix the boundaries in the petitioner's land in S.No.245/29 at Unniyur Village, Thottiyam Taluk, Trichy District, after giving notice to the petitioner the respondents 2 and 3 and any other rival claimants, if any, 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/- Assistant Registrar(Writ) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 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.

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To 1.The Tahsildar, Thottiyam Taluk, Trichy District.

+1 CC to M/s.H.LAKSHMI SHANKAR, Advocate (SR-18506[F] dated 13/04/2022) +1 CC to M/s.H. ARUMUGAM, Advocate (SR-18751[F] dated 13/04/2022) W.P.(MD)No.16713 of 2020 12.04.2022 SP/29/04/2022/3P/4C 3/3