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Madras High CourtWP/33937/2022disposed of

S.Aarthi v. The District Collector

2023-01-04Honourable Mr Justice R. Suresh Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.33937 of 2022 S.Aarthi ....

Petitioner -Vs1.The District Collector Tiruvannamalai District Tiruvannamalai 606 601 2.The Superintendent of Police Tiruvannamalai District Tiruvannamalai 606 601

3. The Revenue Divisional officer Tiruvannamalai Revenue Division Tiruvannamalai 606 601

4. The Tahsildar Tiruvannamalai Taluk Tiruvannamalai District

5. The Chief Land Surveyor Tahsildar office Tiruvannamalai 606 601 6 The Inspector of Police Gramiya police station, Tiruvannamalai.

....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 4th respondent to consider the petitioner representation dated 14.09.2022 and to direct the 4th respondent to survey and mark the land in Ayan Punjai survey No. 82/1 and the new survey 1 / 5

Nos. 117 / 3 117/8 117/10 at Devananthal Village Tiruvannamalai Tlauk Tiruvannamalai District with police protection. For Petitioner : Mr.K.Kathiresan For Respondents : Mr.Veda Bhagat Singh Special Govt. Pleader

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the 4th respondent to consider the petitioner representation dated 14.09.2022 and to direct the 4th respondent to survey and mark the land in Ayan Punjai survey No. 82/1 and the new survey Nos. 117 / 3 117/8 117/10 at Devananthal Village Tiruvannamalai Tlauk Tiruvannamalai District with police protection.

2. Insofar as the property at Ayan Punjai survey No. 82/1 and the new survey Nos. 117 / 3 117/8 117/10 at Devananthal Village Tiruvannamalai Taluk Tiruvannamalai District, it is the claim of the petitioner that the property belongs to the petitioner's father and he died on 26.04.2021. Thereafter, the petitioner being one of the legal heirs, inherited the property and has been enjoying the same. In order to survey the land and identify the four boundaries, the petitioner had given an application on 14.09.2022 and on the said date fee also has been paid by challan. However, since no action has been taken, the petitioner has moved the present writ petition with the aforesaid prayer. 2 / 5

3. Heard Mr.K.Kathiresan learned counsel for the petitioner and Mr.Veda Bhagat Singh, learned Special Government Pleader for the respondents.

4. Learned Special Government Pleader submits that the said application submitted by the petitioner along with the fee paid by her would be taken up and considered, and needful would be undertaken within a time frame that may be stipulated by this Court.

5. Having regard to the said stand taken by the learned Special Government Pleader, this Court is inclined to dispose of this writ petition with the following order.

"That there shall be a direction to the 4th respondent to consider the application of the petitioner dated 14.09.2022 and do the needful after giving notice to both the petitioner as well the other legal heirs / owners of the property as well as the neighbours of the property in question and complete the same within a period of eight weeks from the date of receipt of a copy of this order."

6. With the above direction, this writ petition is disposed of. No costs. 04.01.2023 Index : Yes/No Speaking Order / Non-speaking order KST 3 / 5

To 1.The District Collector Tiruvannamalai District Tiruvannamalai 606 601 2.The Superintendent of Police Tiruvannamalai District Tiruvannamalai 606 601

3. The Revenue Divisional officer Tiruvannamalai Revenue Division Tiruvannamalai 606 601

4. The Tahsildar Tiruvannamalai Taluk Tiruvannamalai District

5. The Chief Land Surveyor Tahsildar office Tiruvannamalai 606 601 6 The Inspector of Police Gramiya police station, Tiruvannamalai.

4 / 5

R. SURESH KUMAR, J.

KST W.P.No. 33937 of 2022 04.01.2023 5 / 5