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2022 Supreme(Online)(MAD) 7973

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022 CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.8889 of 2022 K.Sargurunathan ... Petitioner /Vs./

1.The Tahsildar, Trichy East Taluk, Trichy.

2.The Deputy Surveyor, Survey Section, Trichy East Taluk Office, Trichy. ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents herein to conduct the survey and fix the boundaries in respect of the petitioner's property comprised in old Survey No.73/1, New Survey Ward AS Block-7, TS No.15 of an extent of 0.16.1/4 cents situated at K.Sathanoor Village, Srirangam Taluk, Trichy District on the basis of the petitioner application dated 22.03.2022.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to conduct the survey and fix the boundaries in respect of the petitioner's property comprised in old Survey No.73/1, New Survey Ward AS Block-7, TS No.15 measuring an extent of 0.16.1/4 cents situated at K.Sathanoor Village, Srirangam Taluk, Trichy District, on the basis of the petitioner application dated 22.03.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted an application to the respondents on

22.03.2022 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 15.05.2021. He has produced the death certificate and the legal heir certificate. Since the said application has not been considered till date, this writ petition has been filed.

3.Heard Mr.B.Jameel Arasu, learned Counsel for the writ petitioner and Mr.B.Saravanan, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

4.The petitioner has produced documents in support of his case that his father is the owner of the aforementioned property and it is the inherited property. He has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given an application on 22.03.2022 for the said purpose.

5.No prejudice would be caused to the respondents, if the survey and demarcation of the boundaries is done in the presence of the petitioner and any other necessary party, whom the respondents deem fit to put on notice at the time of survey.

6.Accordingly, this Court directs the first respondent with the assistance of the second respondent to survey and fix the boundaries in the petitioner's property comprised in old Survey No.73/1, New Survey Ward AS Block-7, TS No.15 measuring an extent of 0.16.1/4 cents situated at K.Sathanoor Village, Srirangam Taluk, Trichy District, after giving notice to the petitioner and any other necessary party, whom the first respondent deems fit to put on notice at the time of survey, 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.

29.04.2022 Index : Yes / No Internet : Yes / No sm To

1.The Tahsildar, Trichy East Taluk, Trichy.

2.The Deputy Surveyor, Survey Section, Trichy East Taluk Office, Trichy.

ABDUL QUDDHOSE, J.

sm order made in W.P.(MD)No.8889 of 2022 Dated:

29.04.2022

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