← Library
Madras High CourtWP/20084/2016disposed of

B.Vatchala, v. The District Collector,

2016-06-15Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 15.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.20084/2016 B.Vatchala ..

Petitioner

Versus

1.The District Collector Vellore District, Vellore.

2.The Tahsildar Nemili Taluk Office Vellore District.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the 2nd respondent to survey and point out the field boundary line and to give separate patta in favour of the petitioner's name based on the petitioner's representation dated 30.05.2016. For Petitioner :

Mr.G.Somasekar For Respondents :

Mr.S.Navaneethan, AGP

ORDER

By consent, the writ petition is taken up for final disposal.

The petitioner would state that she purchased the agricultural lands from Thiru K.Duraisamy, S/o.Karappan in Nanjai Survy Nos.261/4, 264/2, 262/1B, 242/1C, 262/3, 242/1B, 268/4B and 261/4, admeasuring to an extent of 1 acre and 29 cents at Karnavur Village and also lands admeasuring to an extent of 67 cents in Siruvalayam Village in Survey Nos.405/1B, 405/2B, 405/3B and 322/10 from the very same vendor vide registered Sale Deed dated 12.06.2008 bearing Document No.4006/2008 [SRO, Kaveripakkam]. The petitioner claims that as per the said Sale Deed, she is in possession and enjoyment of the said properties and also obtained a joint patta along with the adjacent land owners.

It is stated that subsequently, a dispute arose between the petitioner and the adjacent land owners and therefore, she approached the 2nd respondent for surveying the properties and to point out the field boundary, in the form of representation dated 19.02.2014 and it was followed by a reminder dated 30.05.2016 and since no orders have been passed, she is constrained to approach this Court by filing the present writ petition. https://hcservices.ecourts.gov.

Heard the submissions of the learned counsel for the petitioner and Mr.S.Navaneethan, learned Additional Government Pleader who accepts notice on behalf of the respondents. Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 2nd respondent to consider and dispose of the petitioner's representation dated 19.02.2014 and the reminder dated 30.05.2016 on merits and in accordance with law, after putting on notice the adjacent land owners and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the persons concerned.

The writ petition is disposed of with the above direction. No costs.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar AP To 1.The District Collector Vellore District, Vellore.

2.The Tahsildar Nemili Taluk Office Vellore District.

1 cc to Mr.G. Somasekar, Advocate, Sr. 32331 W.P.No.20084/2016 PA (CO) kk 29/6 https://hcservices.ecourts.gov.in/hcservices/