Rasitha.R v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W/.P. (MD) No.26267 of 2022 R.Rasitha .. Petitioner Vs.

1.The Tahsildar, Office of the Tahsildar, 2.The Firka Surveyor, Achundan Vayal Group, Ramanathapuram Taluk, 3.Valli 4.Muthulakshmi 5.Sabitha 6.Hasan .. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to survey the petitioner's land comprised in Survey No.174/63 situated at Achunthan Revenue Group, Ramanathapuram Taluk, Ramanathapuram District. For Petitioner :

Mr.S.Malaikani For R1 and R2 :

Mr.D.Sadiq Raja Additional Government Pleader 1/4

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents to survey the petitioner's land comprised in Survey No.174/63 situated at Achunthan Revenue Group, Ramanathapuram Taluk, 2.Heard Mr.S.Malaikani, learned counsel for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader, who takes notice for the respondent. By consent of both the parties, this writ petition is taken up for final disposal at the admission stage itself. 3.The grievance of the petitioner is that representation submitted to the respondents on 03.02.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which he claims that it belongs to him absolutely, has not been considered till date.

4. The learned counsel for the petitioner submitted that the husband of the petitioner had purchased the petition mentioned property. When she started to construct a house there, the private respondents, who are the adjacent land owners, disputed the boundaries. Hence, she made a 2/4

representation dated 17.12.2021 for survey and demarcate the properties. Till date, no action has been taken by the respondents. Hence, the petitioner has filed the present writ petition.

5.The Additional Government Pleader appearing for the official respondents, on instructions, submitted that the survey is scheduled on 29.11.2022 and notice was also given to the petitioner. To substantiate his submission, he has produced the proceedings of the Tahsildar, dated 21.11.2022.

6.In view of the above submission, the second respondent is directed to survey and demarcate the said land in the scheduled date (i.e., 29.11.2022) after giving notice to the petitioner and rival claimants, if any. If required, the second respondent shall seek assistance of the respondent police for the purpose of conducting survey and demarcation of the petitioner's land. 7.With the above direction, this Writ Petition is disposed of. No costs. 21.11.2022 Index : Yes/No Internet : Yes/No ta 3/4

V.BHAVANI SUBBAROYAN, J.

ta To 1.The Tahsildar, Office of the Tahsildar, 2.The Firka Surveyor, Achundan Vayal Group, Ramanathapuram Taluk, Order made in W.P.(MD) No.26267 of 2022 21.11.2022 4/4