V.Santhi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA V.Santhi
...Petitioner
Vs.
1.The District Collector, Office of Collectorate, Tiruvannamalai District, Tiruvannamalai-606 604.
2.The Tahsildar, The Office of Tahisildar, Vandavasi Taluk, Tiruvannamalai District-604 408.
3.The Town Surveyor, Vandavasi Municipality, Vandavasi Taluk, Tiruvannamalai District - 604 408.
...Respondents
Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondents 2 and 3 to survey and sub-divide the writ petition property in Survey No.278/3 0.18 acres in Gejalakshmi Nagar and issue Patta jointly in the name of Petitioner's 1/6
Petitioner's son, Petitioner's daughter and Petitioner's mother-in-law based on petitioner's representation dated 01.07.2024. For Petitioner :Mr.P.Satheesh Kumar For Respondents 1 to 3 :Mr.P.Sathish Additional Government Pleader
O R D E R
Challenging the refusal to survey the suit property, the petitioner is before this Court.
2. The petitioner would submit that her husband had purchased a property admeasuring 1140 sq.ft., comprised in S.No.278/3 0.18 acres in Gejalakshmi Nagar, Vandavasi Town, Vandavasi Taluk, Tiruvannamalai District, under a sale deed dated 08.02.2002 registered as Document No.227 of 2005 in the office of Sub-Registrar, Vandavasi from one Padmavathi@ Padmajothi. Subsequent to the purchase, her husband had obtained a plan approval for the building. Though the plan was approved on 14.09.2005, he was unable to proceed with the 2/6
construction. He died on 26.12.2023. Even during his life time, as the Government authorities including the respondents herein had started to interfere with the possession of the property by fixing the electric post, her husband had filed a suit in O.S.No.84 of 2007 on the file of the District Munsif Court, Vandavasi and the suit was decreed. After the death of her husband, she has been taking care of his properties along with her son, daughter and her mother-in-law. Since the said property was not sub-divided and the names of erstwhile vendors are reflecting in the Revenue Records, she made a representation to the 2nd respondent on 01.07.2024 for survey and sub-division of her property and for issuance of joint patta in her name as well as in the names of her son, her daughter and her mother-in-law. However, the survey has not been conducted to date. Therefore, the petitioner is before this Court.
3. Heard the learned counsels on the either side and perused the records.
3/6
4. Considering the facts and circumstances of the case, a mandamus is issued to the respondents 2 and 3 to conduct survey of the petition mentioned property. The petitioner shall submit all the relevant records to show her title to the property and the respondents 2 and 3 shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders on the petitioner's representation dated 01.07.2024. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 8 weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition is allowed. No costs.
23.01.2025 Index: Yes/No Internet : Yes/No srn 4/6
To 1.The District Collector, Office of Collectorate, Tiruvannamalai District, Tiruvannamalai-606 604.
2.The Tahsildar, The Office of Tahisildar, Vandavasi Taluk, Tiruvannamalai District-604 408.
3.The Town Surveyor, Vandavasi Municipality, Vandavasi Taluk, Tiruvannamalai District - 604 408.
5/6
P.T. ASHA, J, srn 23.01.2025 6/6