BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2022 CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.7749 of 2022 Yoshuva ... Petitioner /Vs./
1.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.
2.The Surveyor, Kadaladi, Ramanathapuram District. 3.The Inspector of Police, Sayalgudi Police Station, Ramanathapuram District. ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to measure and fix the four boundaries of the petitioner's land measuring 4 Acres 84 cents in Survey No. 249/1A3A1 of Mookkayur, Kadaladi Taluk, Ramanathapuram District, within the time stipulated by this Court.
For Petitioner : Mr.K.Gokul For Respondents : Mr.D.Sasikumar Additional Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the respondents to measure and fix the four boundaries of the petitioner's land measuring 4 Acres 84 cents in Survey No. 249/1A3A1 of Mookkayur, Kadaladi Taluk, Ramanathapuram District, based on the petitioner's representation dated 01.03.2022 within a time frame to be fixed by this Court.
2.The petitioner has submitted a representation to the respondents on 01.03.2022 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which she claims that it is a joint property and the petitioner has produced a copy of the joint patta, in which the petitioner is one of the patta holders. Since the said representation has not been considered till date, this writ petition has been filed.
3.Heard Mr.K.Gokul, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents.
4.The petitioner has produced documents in support of her case that the aforementioned property is owned by her and her family members. She has sought for a survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given representation on
01.03.2022 for the said purpose.
5.No prejudice would be caused to the first respondent, if the survey and demarcation of the boundaries is done in the presence of the petitioner and any other necessary party, whom the first respondent deems 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 measuring 4 Acres 84 cents in Survey No. 249/1A3A1 of Mookkayur, Kadaladi Taluk, Ramanathapuram 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.
22.04.2022 Index : Yes / No Internet : Yes / No sm To
1.The Tahsildar, Kadaladi Taluk, Ramanathapuram District.
2.The Surveyor, Kadaladi, Ramanathapuram District. 3.The Inspector of Police, Sayalgudi Police Station, Ramanathapuram District.
ABDUL QUDDHOSE, J.
sm order made in W.P.(MD)No.7749 of 2022 Dated:
22.04.2022
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