Rani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.05.2024 CORAM :

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN Rani

...Petitioner

Vs.

1.The District Collector, Office of the Collectorate, Dharmapuri District.

2.The Tahsildar, Dharmapuri Taluk, Dharmapuri.

3.The Taluk Surveyor, Dharmapuri Taluk, Dharmapuri District.

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus directing the respondents to measure the petitioner's property in S.No.135/1B an extent of 0.06 ares, S.No.135/2A an extent of 0.43.5 ares and S.No.166/2C an extent of 0.50 in Kukkalamalai Village, Thippereddihalli Post, Dharmapuri Taluk, Dharmapuri District and mark the boundaries thereof based on the petitioner's application dated 13.2.2024 to issue patta in the name of the petitioner.

For the Petitioner : Mr.G.Selvaraj For the Respondents : Mrs.V.Yamuna Devi, SGP

ORDER

Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents.

2. The petitioner seeks for a direction to measure her property situated in S.Nos.135/1B, 135/2A and 166/2C and for marking the boundary stones. The petitioner claims that the property belonged to her mother and her mother had executed a settlement deed in the year 2012 and she had succeeded to the estate pursuant thereto. According to her, the boundaries have been adhered to by the petitioner and the neighbouring owners only on the basis of traditional method and till date, the Survey Department has not laid the boundary stones for the property. Hence, she gave an application on 13.2.2024 and sought for measurement of the property. On the basis of the application, she has also paid the necessary amount for survey as early as February 2024 and till date, as the survey has not

been done, she has come forward with the present writ petition.

3. Mrs.Yamuna Devi, learned Special Government Pleader appearing for the respondents states that the application will be considered and the property will be measured within a period of twelve weeks.

4. Considering the limited prayer, this Court is inclined to direct the second respondent Tahsildar and the third respondent Taluk Surveyor to measure the property and lay the boundary stones on the basis of the application made by the petitioner on 13.2.2024, after issuing notice to all the concerned persons, within a period of eight weeks from the date of receipt of a copy of this order.

5. With the above direction, the writ petition is disposed of. There shall be no order as to costs.

30.5.2024 rs/kpl

Index :

Yes/No :

Yes/No Speaking Order :

Yes/No To 1.The District Collector, Office of the Collectorate, Dharmapuri District.

2.The Tahsildar, Dharmapuri Taluk, Dharmapuri.

3.The Taluk Surveyor, Dharmapuri Taluk, Dharmapuri District.

rs/kpl

V.LAKSHMINARAYANAN, J (rs/kpl) 30.05.2024