Saraswathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Saraswathi

...Petitioner

Vs.

1.The District Collector, District Collector office, Palladam Road, Tiruppur Town,

2. The Tahsildar, Dharapuram Taluk,

3. The Surveyor (Head) Taluk Office, Dharapuram Town,

4. The Village Administrative Officer, Kannangkovil Village, Dharapuram Taluk, 1/6

5. The Superintendent of Police, Tiruppur District, Tiruppur.

6. The Inspector of Police, Kundadam Police Station,

7. Sundarasamy 8.Valliyammal 9.Lakshmi 10.Govindasamy 11.Subbathal 12.Ganesh 13.Banumathi

...Respondents

Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus, directing the respondents 2 to 4 to survey and sub divide the land of petitioner in R.S.No.246/4 and R.S.No.248/1 in Varapalayam Village of Dharapuram Taluk in Tiruppur District as per the Judgment and Decree dated 02.11.2022 in O.S.No.108 of 2020 on the file of learned Sub-Court, Dharapuram with the assistance of the 6th respondent police by considering petitioner's request/representation dated 21.10.2024.

For Petitioner :

Mr.N.Ponraj For R1 to R4 :

Mr.A.Selvendran, Special Government Pleader For R5 & R6 :

Mr.R.Vinoth Raja, Government Advocate (Crl.Side) 2/6

O R D E R

The above Writ Petition has been filed seeking a mandamus to the respondents to consider the petitioner's representation dated 21.10.2024.

2. The grievance of the petitioner is that, despite making an representation on 21.10.2024, to survey the property of the petitioner in R.S.No.246/4 and R.S.No.248/1 in Varapalayam Village of Dharapuram Taluk in Tiruppur District, the respondents have not proceeded to survey the land in question.

3. Heard the learned counsels on the either side and perused the records.

4. Considering the facts and circumstances of the case, a mandamus is issued to the respondents 2 to 4 to conduct a survey of the petition mentioned property. The petitioner shall submit all the relevant records to show her title to the property and the respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to pass orders either 3/6

surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. It is stated by the petitioner that the adjacent land owners, who are arrayed as respondents 7 to 13, are admitted to have created a law and order situation during the survey. A direction is issued to the 5th and 6th respondents to ensue that the revenue officials receive adequate Police protection for completing the task of the survey.

6. With the above directions, this Writ Petition is allowed. No costs.

28.01.2025 nvi Index : Yes/No Internet : Yes/No To 1.The District Collector, District Collector office, Palladam Road, Tiruppur Town,Tiruppur District.

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2. The Tahsildar, Dharapuram Taluk,

3. The Surveyor (Head) Taluk Office, Dharapuram Town,

4. The Village Administrative Officer, Kannangkovil Village, Dharapuram Taluk,

5. The Superintendent of Police, Tiruppur District, Tiruppur.

6. The Inspector of Police, Kundadam Police Station, 5/6

P.T. ASHA, J, nvi W.P.No. 2363 of 2025 28.01.2025 6/6