L.A.Kumaraswamidhas vs The Revenue Divisional Officer
2022 Latest Caselaw 9116 Mad

                                                                                W.P.(MD)No.8527 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.8527 of 2022

                     L.A.Kumaraswamidhas                                       .. Petitioner
                                                            Vs.

                     1.The Revenue Divisional Officer,
                       Padmanabhapuram,
                       Kanniyakumari District.

                     2.The Tahsildar,
                       Kalkulam Taluk,
                       Kanniyakumari District.                                 ... Respondents

                     PRAYER: Petition filed under Article 226 of the Constitution of India to

                     issue a Writ of Mandamus, directing the 2nd respondent to conduct survey

                     subdivide and put up survey stone demarcating the petitioners property to

                     an extent of 87 cents in Resurvey Nos. C9-14/1 and C9-14/6 of Kalkulam

                     Village, Kalkulam Taluk, Kanyakumari District,within the time stipulated

                     by this Court.

                                     For Petitioner      : Mr.A.S.Abul Kalam Azad for
                                                         M/s.Spicy Law Firm
                                     For Respondent      : Mr.D.Sasikumar
                                                         Additional Government Pleader


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https://www.mhc.tn.gov.in/judis
                                                                                  W.P.(MD)No.8527 of 2022


                                                         ORDER

This writ petition has been filed for a Mandamus seeking for

survey and demarcation of the petitioner's property to an extent of 87

cents in Resurvey Nos. C9-14/1 and C9-14/6 of Kalkulam Village,

Kalkulam Taluk, Kanyakumari District,within the time frame to be fixed

by this Court.

2.Heard Mr.A.S.Abul Kalam Azad, learned counsel appearing for

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

Pleader, who accepts notice on behalf of the respondents.

3.The petitioner claims ownership of the aforementioned property

by virtue of two Wills, dated 07.05.2000 and 27.03.2003. Both the said

Wills are registered Wills. According to the petitioner, the genuineness of

the Wills have also been confirmed by a judgment and decree passed in

an Appeal suit No.28 of 2017 on 10.07.2020, passed by the Sub Court,

Padmanabhapuram. Since there is a boundary dispute pertaining to 10

cents apart from 87 cents owned by the petitioner, he seeks for survey

and demarcation of his boundaries. The petitioner has already given a

https://www.mhc.tn.gov.in/judis W.P.(MD)No.8527 of 2022

representation on 18.04.2022 and has also paid the charges for survey

and demarcation. Since the representation, has not been considered till

date, he has filed this writ petition.

4.No prejudice will be caused to the respondents or any other party

if survey and demarcation of boundaries is done in the presence of the

petitioner and any other party, who opposes the claim of the petitioner

that he is the owner of the 10 cents of land at Resurvey Nos.C9-14/1 and

C9-14/6 of Kalkulam Village, Kalkulam Taluk, Kanyakumari District.

5.The petitioner claims that he is the owner of 87 cents, which is

not in dispute and only in respect of 10 cents apart from 87 cents there is

a boundary dispute.

6.For the foregoing reasons, this Court directs the second

respondent to conduct survey and demarcate the boundaries of the land

comprised in Resurvey Nos.C9-14/1 and C9-14/6 of Kalkulam Village,

Kalkulam Taluk, Kanyakumari District, measuring and extent of 10

cents, which is in dispute, in the presence of the petitioner and any other

https://www.mhc.tn.gov.in/judis W.P.(MD)No.8527 of 2022

necessary party, whom the second respondent deems fit to put on notice,

within a period of twelve weeks from the date of receipt of a copy of this

order with the assistance of the Surveyor.

7.With the aforesaid directions, this writ petition is disposed of. No

costs.

28.04.2022 Index: Yes/No Internet : Yes/No TM

To

1.The Revenue Divisional Officer, Padmanabhapuram, Kanniyakumari District.

2.The Tahsildar, Kalkulam Taluk, Kanniyakumari District.

https://www.mhc.tn.gov.in/judis W.P.(MD)No.8527 of 2022

ABDUL QUDDHOSE, J.

TM

W.P.(MD)No.8527 of 2022

28.04.2022

https://www.mhc.tn.gov.in/judis