W.P.[MD]No.8404 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 28.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

W.P.[MD]No.8404 of 2022

J.Samuvel

... Petitioner

Vs.

1.The Tahsildar,

Eral Taluk,

Thoothukudi District.

2.The Taluk Surveyor,

Eral Taluk,

Thoothukudi 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

survey the land in Natham Survey No.239/1 and in Survey No.240/4 and

Survey No.911/2 at Karayadiyoor, Anthinaathapuram Village, Eral

Taluk, Thoothukudi District and lay boundary stones based on

petitioner Church Pastor namely K.Andrew Victor Gnanaoli

representation dated 05.01.2022 within the time limit that may be

stipulated by this Court.

For Petitioner : Mr.Selvanayagam

For Respondents

: Mr.D.Sasikumar

Additional Government Pleader

O R D E R

***********

This writ petition has been filed for a Mandamus seeking for a

direction to the respondents to survey the land in Natham Survey

Nos.239/1, 240/4 and 911/2 at Karayadiyoor, Anthinaathapuram

Village, Eral Taluk, Thoothukudi District and lay boundary stones

based on petitioner Church Pastor namely K.Andrew Victor Gnanaoli

representation dated 05.01.2022, within a time frame to be fixed by

this Court.

2.The Church Pastor namely K.Andrew Victor Gnanaoli has

submitted a representation to the respondents on 05.01.2022, seeking

for survey and demarcation of boundaries in respect of the

aforementioned properties which belongs to the subject Church

absolutely. Since the said representation has not been considered

till date, this writ petition has been filed.

3.Heard Mr.Selvanayagam, learned Counsel for the writ

petitioner and Mr.D.Sasikumar, learned Additional Government Pleader

who accepts notice on behalf of the respondents.

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W.P.[MD]No.8404 of 2022

4.The petitioner has produced documents in support of his case

that the subject Church is the owner of the aforementioned

properties. He has sought for a survey and fixation of boundaries by

the appointment of a Surveyor and the Church Pastor namely K.Andrew

Victor Gnanaoli has given a representation on 05.01.2022 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 to

survey and fix the boundaries in the land in Natham Survey

Nos.239/1, 240/4 and 911/2 at Karayadiyoor, Anthinaathapuram

Village, Eral Taluk, Thoothukudi District, with the assistance of

the second respondent 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.

Sd/-

Assistant Registrar (CS III)

// True Copy //

/ /2022

Sub Assistant Registrar(CS)

To

1.The Tahsildar,

Eral Taluk,

Thoothukudi District.

2.The Taluk Surveyor,

Eral Taluk,

Thoothukudi District.

+1 CC to M/s.D.SELVANAYAGAM, Advocate ( SR-22719[F] dated 29/04/2022

)

+1 CC to M/s.SPL. GP ( SR-22974[F] dated 29/04/2022 )

ORDER MADE IN

W.P.[MD]No.8404 of 2022

28.04.2022

SS/16.05.2022 : 2P/5C

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