Saravanan R v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE R.Saravanan ... Petitioner /Vs./ 1.The Revenue Divisional Officer, Iluppur, Pudukottai District.
2.The Thasildar, Viralimalai Taluk, Pudukottai District.
3.The Inspector of Police, Mathur Police Station, Pudukottai District.
4.Sivaperumal 5.Rajeswari 6.Jeyabal @ Vijayakanth ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the second respondent to survey and demarcate the petitioner's family Natham Manai land in Survey No476/43 in Villarodai, Sooriyur Village, Viralimalai Taluk, to the extent of 0.05.5 Ares (13.5 cents) with the help of the third respondent, if necessary, by considering the application of the petitioner dated 26.04.2021. For Petitioner: Mr.R.Gowrishankar For R1 to R3 : Mr.T.Amjad Khan Government Advocate For R4 to R6 : No appearance
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey and demarcate the petitioner's family Natham Manai land in Survey No476/43 in Villarodai, Sooriyur Village, Viralimalai Taluk, to the extent of 0.05.5 Ares (13.5 cents) with the help of the third respondent, if 1/3
necessary, by considering the application of the petitioner dated 26.04.2021, within a time frame to be fixed by this Court. 2.The petitioner has submitted a representation to the respondents on 26.04.2021 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to his father absolutely. His father died on 05.05.2014. The petitioner is the son of his father's second wife. Since the said representation has not been considered till date, this writ petition has been filed.
3.Heard Mr.R.Gowrishankar, learned counsel for the writ petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the official respondents. 4.The petitioner has produced documents in support of his case that his father is the owner of the aforementioned property and he has produced the legal heirship certificate. He has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given a representation on 26.04.2021 for the said purpose.
5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 26.04.2021 is considered on merits and in accordance with law, after hearing the petitioner as well as the rival claimants, if any.
6.Accordingly, this Court directs the official respondents to survey and fix the boundaries in the aforementioned property bearing Survey No476/43 in Villarodai, Sooriyur Village, Viralimalai Taluk, to the extent of 0.05.5 Ares (13.5 cents) after giving notice to the petitioner and 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 (CS-II) // True Copy // / /2022 Sub Assistant Registrar 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 Revenue Divisional Officer, Iluppur, Pudukottai District.
2.The Thasildar, Viralimalai Taluk, Pudukottai District.
3.The Inspector of Police, Mathur Police Station, Pudukottai District.
+1 CC to M/s.SPL GP ( SR-8090[F] dated 23/02/2022 ) +1 CC to M/s.R.GOWRISHANKAR, Advocate ( SR-8170[F] dated 23/02/2022 ) order made in Dated:22.02.2022 SM MS/11.03.2022/3P.6C 3/3