Sivaranjani v. The District Collector

In the High Court of Judicature at Madras Dated : 22.11.2024 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.34510 of 2024 Sivaranjani

...Petitioner

Vs 1.The District Collector, Kallakurichi District, Kallakurichi.

2.The Tahsildar, Sankarapuram Taluk, Kallakurichi District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to survey and measure the petitioner's field boundaries comprised in S.No.46/19, old S.No.46/15D1C1 situated at Vadachettiyanthal Village, Sankarapuram Taluk, Kallakurichi District in pursuance of the petitioner's E-Challan No.2024/0123/33/003101 dated 02.9.2024.

For Petitioner :

Mr.N.Ranjith Kumar For Respondents :

Mr.R.P.Murugan Raja, GA

ORDER

Seeking a Mandamus to the second respondent to dispose of the application submitted for surveying and demarcating the boundaries in 1/4

respect of her property measuring an extent of 10 cents comprised in S.No.46/19, old S.No.46/15D1C1 situated at Vadachettiyanthal Village, Sankarapuram Taluk, Kallakurichi District, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for the respondents.

3. The petitioner would contend that she acquired the said property by way of a sale deed on 18.12.2019 registered as doc.No. 5315 of 2019 on the file of the Sub-Registrar, Sankarapuram. She was issued with patta No.1770 by the second respondent. She applied to the second respondent on 20.9.2024 for conducting a survey and demarcate the boundaries in respect of the said property to carry out a construction. She also paid the necessary fees. However, nothing was forthcoming. Hence the writ petition.

4. The fact that the property belongs to the petitioner is seen from the narration in the affidavit filed in support of the writ petition. Since the petitioner acquired the said property by way of sale, she requested the second respondent for surveying and demarcating the boundaries.

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5. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the second respondent to conduct survey of the said property and demarcate the boundaries. The petitioner shall submit all the relevant records to show her title to the said property and the second respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order. No costs.

22.11.2024 To 1.The District Collector, Kallakurichi District, Kallakurichi.

2.The Tahsildar, Sankarapuram Taluk, Kallakurichi District.

RS 3/4

P.T.ASHA,J RS 22.11.2024 4/4