Tamilarasi v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.24928 of 2022 Tamilarasi ... Petitioner vs.

1.The Tahsildar, Virudhunagar, Tahsildar Office, Madurai Road, Virudhunagar-1.

2.The Taluk Surveyor, Tahsildar Office, Madurai Road, Virudhunagar-1.

... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, by directing the respondents to survey the land by fixing four boundaries to land in S.No.512/4 to an extent of 24 cents within time stipulated by this Court based on notice dated 20.09.2022.

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For Petitioner : Mr.A.Sivaji For R1 & R2 : Mr.D.Gandhiraj Special Government Pleader

ORDER

This Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondents to survey the land by fixing four boundaries to land in S.No.512/4 to an extent of 24 cents within time stipulated by this Court, based on notice dated 20.09.2022.

2.It is the case of the petitioner that the petitioner have properties in Survey Nos.370/6, 370/7, 116/2B and 366/6, which were settled in her husband's favour through compromise deed in Application No.157 of 1992 and the petitioner is in possession and enjoyment of the said properties. In order to protect the properties in S.No.512/4 to an extent of 24 cents, is a vacant land, he decided to put up a fence. So that to fix demarcate the boundaries, he made an application before the respondents and also paid necessary charges. But, survey was not conducted. Again on 17.09.2022 the petitioner has made another application with necessary charges. Even after making her second application, the respondents did 2/5

not take any steps. Hence, the present writ petition is filed for the aforesaid relief.

3.Heard Mr.A.Sivaji, learned counsel appearing for the petitioner and Mr.D.Gandhiraj, learned Special Government Pleader appearing for the respondents.

4.It appears that the petitioner has made a representation dated 29.07.2022 seeking for such relief. Therefore, it is for the respondent to consider the said representation and pass orders on the same on merits and in accordance with law, after hearing the rival claimants if any. 5.This Court, at this stage, is not expressing any view on the claim made by the petitioner. Accordingly, this writ petition is disposed of only with a direction to the first respondent to consider the representation of the petitioner, dated 29.07.2022 and pass orders on the same on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. 3/5

03.11.2022 Index:Yes/No Internet:Yes/No akv To 1.The Tahsildar, Virudhunagar, Tahsildar Office, Madurai Road, Virudhunagar-1.

2.The Taluk Surveyor, Tahsildar Office, Madurai Road, Virudhunagar-1.

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V.BHAVANI SUBBAROYAN,J.

akv W.P(MD)No.24928 of 2022 03.11.2022 5/5