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Madras High CourtWP(MD)/22187/2022disposed of

Jeyashwari.J v. The Tahsildar,

2022-09-21Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.09.2022

CORAM

THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.22187 of 2022 J.Jeyaeshwari .. Petitioner

Versus

1.The Tahsildar, Office of Tahsildar, 2.The Taluk Surveyor, Thirumangalam Taluk, 3.The Inspector of Police, Thirumangalam Taluk Police Station, 4.Pechiammal, W/o.Rajankam 5.Poonkavanam, W/o.Rajendran 6.Parasakthi, W/o.Rajuthevar 7.Rajuthevar .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to survey and demarcate the petitioner's property in Survey No.293/1A, 1/6

measuring an extent of southern 21 cents out of 77 cents situated at Sathankudi Village Bit-I, Thirumangalam, Madurai District, by providing necessary police protection by the third respondent and fix the boundaries, enabling the petitioner to put up a fence based on the representation, dated 19.08.2022, within the time period stipulated by this Court. For Petitioner :

Mr.A.Sivasubramanian For Respondents 1 and 2:

Mr.D.Gandhiraj Special Government Pleader For 3rd Respondent :

Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondents 1 and to 2 to survey and demarcate her property in S.No. 293/1A, measuring an extent of southern 21 cents out of 77 cents, situated at Sathankudi Village Bit-I, Thirumangalam, Madurai District, with necessary police protection by the third respondent and fix the boundaries, enabling her to put up a fence, based on her representation, dated 19.08.2022, within a time frame.

2.The learned counsel appearing for the petitioner submits that the lands in S.No.293/1A, Old S.No.282/1A, measuring an extent of 0.31.0 Ares, which stand in the name of one V.Velusamy, are situated at Sathankudi Village Bit-I, Thirumangalam, Madurai District. On 09.05.2012, the said Velusamy 2/6

executed a settlement deed in favour of his son namely, V.Pandi, vide Document No.4098/2012, before the Sub-Registrar, Thirumangalam, to the entire extent of lands. Subsequently, on 29.04.2013, vide sale deed bearing Document No.3464/2013, they sold the property in favour of one Shanthi. On 07.10.2021 the said Shanthi, vide sale deed, bearing Document No.8288/2021 sold the property in favour of one Kanagavalli. Subsequently, the petitioner purchased southern 21 cents of land in S.No.293/1A through the sale deed bearing Document No.3610/2022, dated 14.04.2022. In order to avoid any trouble at the hands of the respondents 4 to 7, who are the adjacent land owners, the petitioner submitted an application along with necessary charges to the first respondent on 18.08.2022, to survey the land and demarcate the boundaries.

She has also made a representation to the third respondent, seeking police protection on 19.08.2022. Despite receiving the application, the first respondent till date has not taken any steps. Hence, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra.

3.The learned Special Government Pleader appearing for the respondents 1 and 2, has produced a proceedings of the first respondent, dated 11.08.2022 and 20.09.2022, and submitted that earlier, the respondents 1 and 2 have fixed the date for survey the petitioner's land as 16.08.2022 and the same 3/6

could not be conducted on the said date and therefore, the survey will be conducted on 01.10.2022.

4.In view of the above said submission made by the learned Special Government Pleader appearing for the respondents 1 and 2, the petitioner is directed to appear before the respondents 1 and 2 along with all the relevant documents on 01.10.2022. The respondents 1 and 2 are directed to measure the land of the petitioner and demarcate the boundaries after issuing notice to all the parties concerned.

5.This Writ Petition is disposed of with the above directions. No costs. Index : Yes/No 21.09.2022 smn2 To 1.The Tahsildar, Office of Tahsildar, 2.The Taluk Surveyor, Thirumangalam Taluk, 4/6

3.The Inspector of Police, Thirumangalam Taluk Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 5/6

V.BHAVANI SUBBAROYAN, J.

smn2 Order made in 21.09.2022 6/6