Madras High Court
R.Kanagam vs The Thasildar on 4 September, 2023
W.P.(MD)No.21543 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.09.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.(MD)No.21543 of 2023
R.Kanagam ... Petitioner
versus
1. The Thasildar,
Vadipatti Taluk,
Madurai District.
2. N.Vellaichamy ... Respondents
Writ Petition filed under Article 226 of the Constitution of India,
seeking for the issuance of Writ of Mandamus, to direct the first
respondent to measure and fix the four boundaries of the petitioner's
property comprised in S.No.9/1, 8/3, 8/4B, 9/2, 8/4A, 8/4C and 8/5A
situated at Sembukudipatti Village, Thanichiyam Revenue Village,
Vadipatti Taluk, Madurai District with the help of the Surveyor as per
the Decree and Judgment of the suit in O.S.No.74 of 1997 on the file of
the District Munsif Court, Madurai Taluk, dated 14.12.1998 and on the
basis of the petitioner's representation dated 02.05.2023.
1/5
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W.P.(MD)No.21543 of 2023
For Petitioner : Mr.M.Ponniah
For R1 : Mr.P.T.Thiraviam,
Government Advocate
ORDER
The petitioner has submitted an application dated 02.05.2023
requesting the first respondent to measure the lands comprised in
S.Nos.9/1, 8/3, 8/4B, 9/2, 8/4A, 8/4C and 8/5A situated at
Sembukudipatti Village, Thanichiyam Revenue Village, Vadipatti
Taluk, Madurai District and fix the four boundaries as per the decree
and Judgment dated 14.12.1998 passed by the District Munsif Court,
Madurai Taluk, in O.S.No.74 of 1997. Since the said application has
not been considered, the present writ petition has been filed.
2. Mr.P.T.Thiraviam, learned Government Advocate, who takes
notice for the first respondent, on instructions, submits that the
petitioner is insisting to measure the lands, based on the Decree and
Judgment dated 14.12.1998 passed by the District Munsif Court,
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W.P.(MD)No.21543 of 2023
Madurai Taluk, in O.S.No.74 of 1997. The first respondent wants to
ascertain as to whether any appeal is pending as against the decree
passed in O.S.No.74 of 1997. Therefore, the petitioner's application
has not been proceeded further .
3. The learned counsel appearing for the petitioner submits that
the petitioner's husband got the said land through a registered partition
deed dated 29.06.1983, however, boundaries have not been clearly
mentioned in the partition deed. Therefore, he filed a suit in O.S.No.74
of 1997 before the District Munsif Court, Madurai Taluk and obtained
a decree in his favour on 14.12.1998. Thereafter, the petitioner's
husband died on 06.12.1999. He further submits that the petitioner was
aware of the decree of the suit only in the month of February 2023 and
after knowing the same, she filed this application on 02.05.2023.
According to the petitioner, no appeal has been filed as against the
Judgment and Decree passed in O.S.No.74 of 1997.
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W.P.(MD)No.21543 of 2023
4. If there is any doubt with regard to the filing or pendency of
any appeal as against the decree passed in O.S.No.74 of 1997, the first
respondent shall issue a notice to the parties concerned under Section
10 of the Tamil Nadu Survey and Boundaries Act 1923 and after
conducting an enquiry, complete the process of measuring the land and
fixing the boundaries, within a period of 12 weeks from the date of
receipt of a copy of this order.
6. Accordingly, this writ petition is disposed of. No costs.
04.09.2023
ogy
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
To
1. The Thasildar,
Vadipatti Taluk,
Madurai District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.21543 of 2023
B.PUGALENDHI, J.
ogy
W.P.(MD)No.21543 of 2023
04.09.2023
https://www.mhc.tn.gov.in/judis
