P.Rajalakshmi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR WP.No.14916 of 2013 and W.P.M.P No.1 of 2013 P.Rajalakshmi ... Petitioner Vs
1. The District Collector Empowered Authority under Tamil Nadu Survey and Boundaries Act, 1923 Collectorate, Coimbatore-641 018.
2. The Assistant Director Land Survey and Survey Records Collectorate Coimbatore-641 018.
3. The Block Development Officer Sulur Panchayat Union Sulur-641 402.
Coimbatore District.
4. The President Arasur Panchayat Arasur-641 407.
Coimbatore District.
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5.The Chief Engineer (Distribution) Coimbatore Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Ltd., Tatabad Coimbatore-641 012.
6. The Highway Administration (HA)/ Rep. by the Deputy General Manager(DYGM) Project Director (PD) National Highway Authority of India Old No.28/1, New No.51/2 Krishnasamy Nagar Ramanaathapuram Coimbatore-641 045.
7. M/s.IVRCL Assets & Holdings Ltd., M22/3 RT, Vijayanagar Colony Hydrabad-500 057 Andhra Pradesh ... Respondents Prayer:- This Writ Petition is filed, under the Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to take steps to have the land in SF No.89/1 in Arasur Village, Sulur Taluk of Coimbatore District, surveyed, measured, exact and lawful extent together with its boundaries and their marks restored on all four sides as per the revenue records, after removal of all obstructions created in S.F.No.89/1 in consequence to the formation of the illegal trench on the service road in S.F No.89/2 for keeping the sewage stagnation, by considering the petitioner's representation dated 04.05.2013. 2/8
For Petitioner : M/s.N.Manokaran For Respondents : Mr.K.M.D.Muhilan for R1 to R3 Additional Government Pleader Mr.B.Anand for R4 Mr.L.Jaivenkatesh for R5 Mr.K.Vishal for M/s. Wilson Associates for R6 Mr.P.J.Rishikesh for R7
ORDER
This Writ Petition has been filed, directing the respondents 1 and 2 to take steps to have the land in SF No.89/1 in Arasur Village, Sulur Taluk of Coimbatore District, surveyed, measured, exact and lawful extent together with its boundaries and their marks restored on all four sides as per the revenue records, after removal of all obstructions created in S.F.No.89/1 in consequence to the formation of the illegal trench on the service road in S.F No.89/2 for keeping the sewage stagnation, by considering the petitioner's representation dated 04.05.2013. 3/8
2. It is the case of the petitioner that while extending the highways, the 6th and 7th respondents diverted the drainage system and also stocked all the debris in the patta land of the petitioner and thereby, the entire boundaries of the petitioner's land have been changed. Therefore, she seeks to survey and fix correct boundaries to the petitioner's land, besides a direction to remove the debris and also compensation. 3.The learned Additional Government Pleader appearing for the respondents 1 to 3 submitted that the boundaries were properly fixed and now, there is no issues.
4. I have perused the entire records and the photographs.
5. Though some debris have been thrown in the field which is said to be belonged to the petitioner, this Court is of the view that the same does not warrant a direction to the respondents 1 and 2 to remove the debris and pay compensation.
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6. In such view of the matter, this Court is of the view that if the boundary line is properly fixed in a proper survey conducted by the 2nd respondent, viz., The Assistant Director, Land Survey and Survey Records in the presence of all the parties, the same will give quietus to the entire issue.
7.Accordingly, the writ petitioner shall submit an application for surveying her land, to the 2nd respondent viz., The Assistant Director, Land Survey and Survey Records, Coimbatore, within a period of one month from today and on receipt of such application, the 2nd respondent is directed to depute a Surveyor to measure the subject property and fix the boundaries as per the revenue records and documents in the presence of the petitioner, 5th respondent and also other respondents, within a period of fifteen days after collecting necessary charges. The concerned Tahsildar shall monitor the survey process. Notice of survey shall be issued to the parties concerned.
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8. With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 14.12.2022 Index:Yes/No Web:Yes/No Speaking/Non Speaking uma To
1. The District Collector Empowered Authority under Tamil Nadu Survey and Boundaries Act, 1923 Collectorate, Coimbatore-641 018.
2. The Assistant Director Land Survey and Survey Records Collectorate Coimbatore-641 018.
3. The Block Development Officer Sulur Panchayat Union Sulur-641 402.
4. The President Arasur Panchayat Arasur-641 407.
Coimbatore.
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5.The Chief Engineer (Distribution) Coimbatore Electricity Distribution Circle Tamil Nadu Generation and Distribution Corporation Ltd., Tatabad Coimbatore-641 012.
6. The Deputy General Manager(DYGM) Project Director (PD) The Highway Administration (HA)/ National Highway Authority of India Old No.28/1, New No.51/2 Krishnasamy Nagar Ramanaathapuram Coimbatore-641 045.
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N.SATHISH KUMAR, J.
uma WP.No.14916 of 2012 and W.P.M.P No.1 & 2 of 2014 (2/2) 14.12.2022 8/8