Arockiyam.R v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2022

CORAM

THE HONOURABLE Mrs.JUSTICE V.BHAVANI SUBBAROYAN W.P. (MD) No.26407 of 2022 R.Arockiyam .. Petitioner Vs.

1.The Tahsildar, Aathur Taluk Office, Aathur, Dindigul District.

2.The Head Surveyor, Aathur Taluk Office, Aathur, Dindigul District.

.. Respondents Prayer :- Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first and second respondents herein to measure and subdivide and demarcate the petitioner's property in Survey No.145/1A1, 145/2B and 147/1A situated at Munnilaikottai Village, Aathur Taluk, Dindigul District based on his representation dated 14.09.2022. For Petitioner : Mr.G.Gomathi Sankar For Respondents : Mr.D.Sadiq Raja Additional Government Pleader

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the first and second respondents herein to measure and subdivide and 1/4

demarcate the petitioner's property in Survey No.145/1A1, 145/2B and 147/1A situated at Munnilaikottai Village, Aathur Taluk, Dindigul District based on his representation, dated 14.09.2022.

2.Heard Mr.G.Gomathi Sankar, learned counsel for the petitioner and Mr.D.Sadiq Raja, learned Additional Government Pleader, who takes notice for respondents. 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 the petitioner has submitted a representation to the respondents on 14.09.2022 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.

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 appointing a Surveyor and the petitioner has given a representation on 14.09.2022 for the said purpose. 2/4

5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 14.09.2022 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, without expressing any opinion on the merits of the matter, directs the second respondent to survey and fix the boundaries in the petitioner's property, 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.

23.11.2022 Index : Yes/No Internet : Yes/No ta To 1.The Tahsildar, Aathur Taluk Office, Aathur, Dindigul District.

2.The Head Surveyor, Aathur Taluk Office, Aathur, Dindigul District.

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V.BHAVANI SUBBAROYAN, J.

ta Order made in W.P.(MD) No.26407 of 2022 23.11.2022 4/4