S.Pavoonambal v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI S.Pavoonambal ... Petitioner Vs.
1.The District Collector, Thiruvanamalai District.
2.The Tahsildar, Vandavasi Taluk, Vandavasi.
3.The Head Surveyor, Vandavasi Taluk, Vandavasi.
...Respondents
Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to act on the representation of the petitioner dated 19.09.2022 and conduct survey and to fix the boundaries of the land situated at in Survey Nos.176B/51 and 176B/52 situated in Vandavasi Taluk, Tiruvannamalai District as per Document No.912 of 1996. For Petitioner : Mr.P.Rajadurai For Respondents : Mr.U.Bharanidharan Additional Government Advocate 1/6
ORDER
The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus, to direct the the respondent to act on the representation of the petitioner dated 19.09.2022 and conduct survey and to fix the boundaries of the land situated at in Survey Nos.176B/51 and 176B/52 situated in Vandavasi Taluk, Tiruvannamalai District as per Document No.912 of 1996. 2.The case of the petitioner is that she is a senior citizen and the absolute owner of the aforesaid property by virtue of a Sale Deed vide Doc.No.912 of 1996 dated 12.09.1996 . In recent years, there are so many number of constructions, road widening projects being carried out in the nearby areas of the petitioner's property.
Due to these reasons, the petitioner was unable to identify the aforesaid property and the nearby residents are raising dispute over the boundaries of the property. Thereafter, the petitioner gave a representation dated 19.09.2022 to the respondents to survey the property by fixing boundaries in the aforesaid property. As the said representation made by the petitioner has evoked no response, the petitioner has filed this present Writ Petition.
2/6
3.The learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's request to survey and demarcate the boundary of petitioner's property in the above said Survey numbers based on the petitioner's representation dated 19.09.2022 and pass orders on the same within a particular time frame fixed by this Court.
4. Mr.U.Bharanidharan, the learned Additional Government Pleader for the respondents submits that if any direction is given by this Court, the same will be complied with.
5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the respondents to consider the petitioner's request dated 19.09.2022 to survey and demarcate the boundary of petitioner's land, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order.
3/6
6. This Writ Petition is accordingly is disposed of. No costs. 22.11.2022 gba Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The District Collector, Thiruvanamalai District.
2.The Tahsildar, Vandavasi Taluk, Vandavasi.
3.The Head Surveyor, Vandavasi Taluk, Vandavasi.
4/6
M.DHANDAPANI,J.
gba 5/6
22.11.2022 6/6