Madras High CourtWP/11568/2022disposed of

Lakshmi v. The District Collector,

2022-06-06Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2022

CORAM

THE HONOURABLE Mr. JUSTICE M.DHANDAPANI WP.No.11568 of 2022 Lakshmi ... Petitioner Vs 1.The District Collector,

2. The Tahsildar,

3. The Head Surveyor, Commissionerate of Survey and Settlement, ... Respondents Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 15.03.2022 and 25.02.2022 and to conduct land survey and fix survey stone and thereby, demarcating her property measuring an extent of one acre 31.25 cents comprised in Survey No.64/6 situated at Kottaikadu Village, Cheyyur Taluk, Chengalpattu District within the time frame as prescribed by this Court.

For Petitioner : Mr.S.Pushpakaran For Respondents : Mr.A.Anandan, GA

ORDER

Mr.A.Anandan, learned Government Advocate takes notice for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the time of admission itself.

2. This writ petition is filed seeking direction to the respondents to consider the petitioner's representations dated 15.03.2022 and 25.02.2022 and to conduct land survey and fix

survey stone and thereby, demarcating her property measuring an extent of one acre 31.25 cents comprised in Survey No.64/6 situated at Kottaikadu Village, Cheyyur Taluk, Chengalpattu District within the time frame as prescribed by this Court.

3. The case of the petitioner is that the petitioner is a senior citizen and the land in S.No.64/6 measuring to an extent of 1 acre 31.25 cents situated at Kottaikadu Village, Cheyyur Taluk, Chengalpattu District was originally belonged to the petitioner's husband and he was in possession and enjoyment of the property till his death. After his demise, the petitioner has inherited the property from her late husband by way of succession and patta also changed in favour of her. Hence, the petitioner made a representation dated 17.01.2022 to the first respondent requesting to measure the property and fix survey stones. Till date, no orders are passed. Hence, the petitioner has filed the present writ petition before this Court seeking appropriate remedy.

4. Considering the facts and circumstances of the case and the limited request sought for by the petitioner, this court, directs the respondents to consider the representations of the petitioner dated 25.02.2022 and 15.03.2022 and to survey the petitioner's land in S.No.64/6 situated at Kottaikadu Village, Cheyyur Taluk, Chengalpattu District, after issuance of notice to the adjacent land owners and counter parties, if any, and fix the boundary stones within a period of twelve weeks from the date of receipt of copy of this order.

5. With the above direction, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CS-CCC) //True copy// Sub Assistant Registrar rli To 1.The District Collector,

2. The Tahsildar,

3. The Head Surveyor, Commissionerate of Survey and Settlement, +1cc to Mr.S.Pushpakaran, Advocate SR.No.32345 +1cc to Government Pleader SR.No.33076 WP.No.11568 of 2022 PL(CO) GMY(21/06/2022)