M.Pichandi v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 18-03-2015
CORAM:
THE HONOURABLE MR. JUSTICE T.S. SIVAGNANAM W.P.No.15213 of 2014 and M.P.No.1 of 2014 1 M.PICHANDI S/O.MURUGAN 2 POONGAVANAM AMMAL W/O.R.MURUGA MASTRY 3 VASANTHI W/O.R.SHANKAR 4 SOUNDARI W/O.P.MANOHARAN 5 MAGESWARI W/O.V.VENKATESA 6 YOGALAKSHMI W/O.KANNAN PETIONERS ADDRESS FOR COMMUNICATION 129 ROAD STREET ARUNAGIRIPETTAI 632 319 MOTHAKKAL POST VELLORE TALUK VELLORE DISTRICT
...Petitioners
Vs 1 THE STATE OF TAMILNADU REP. BY THE DISTRICT COLLECTOR VELLORE VELLORE DISTRICT 2 THE TAHSILDAR VELLORE VELLORE DISTRICT
...Respondents
Petition filed under Article 226 of the Constitution of India praying for issue of writ of mandamus directing the 2nd respondent herein to survey and identify the boundaries of the lands measuring about 3.14 acres as detailed below 1)Sy.No.300 (0.80 aces) 2) Sy.No.288.2 Sy.No.305.3B 4)Sy.No.305.6(1.77 acres) 5) Sy.No.306
6) Sy.No.307 7)Sy.No.300/2 8)Sy.No.300/6 (0.57 acres) total 3.14 acres and fix the boundary stones for the same and effect name transfer from late Varadaraja Samiyar into the joint names viz.1) Poongavanam Ammal 2)Vasanthi 3)Soundari 4)Mageswari 5)M.Pichandi 6) Yogalakshmi and issue joint patta for the said lands For petitioners : Mr. K. Sivasamy For respondents : Mr. R. Vijayakumar, AGP
ORDER
Heard Mr.K. Sivasamy, learned counsel for the petitioners and Mr.R. Vijayakumar, learned Additional Government Pleader for the respondents. Perused the materials filed in support of the petition.
2.
The petitioner seeks for a writ of mandamus directing the 2nd respondent herein to survey and identify the boundaries of the lands measuring about 3.14 acres as detailed below 1)Sy.No.300 (0.80 aces) 2)Sy.No.288.2 Sy.No.305.3B 4)Sy.No.305.6(1.77 acres)
5) Sy.No.306 6) Sy.No.307 7)Sy.No.300/2 8)Sy.No.300/6 (0.57 acres) total 3.14 acres and fix the boundary stones for the same and effect name transfer from late Varadaraja Samiyar into the joint names viz.1)Poongavanam Ammal 2)Vasanthi 3)Soundari 4) Mageswari 5)M.Pichandi 6)Yogalakshmi and issue joint patta for the said lands.
3.
It is the case of the petitioners that they are absolutely entitled for the property based on a Will executed by the petitioners' mother and the petitioners now seek for survey of the property and issuance of joint patta in favour of them as they are the legal heirs of the deceased-mother.
4.
The learned Additional Government Pleader appearing for the respondents on instructions submitted that the land acquisition proceedings is pending.
5.
In any event, since there is a representation pending before the second respondent, the second respondent is directed to give a reply to the petitioners as regards the request made by them, within a period of four weeks from the date of receipt of a copy of this order.
6.
The writ petition is disposed of, as above. No costs. The connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar glp To 1 THE DISTRICT COLLECTOR VELLORE VELLORE DISTRICT 2 THE TAHSILDAR VELLORE VELLORE DISTRICT 1 CC to Mr.S.Arunkumar, Advocate SR.No. 15731 1 CC to the Government Pleader, SR.No. 15607 W.P.No.15213 of 2014 and M.P.No.1 of 2014 VD (CO) PSI (01.04.2015)