M.Amutha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.12.2023 Coram:

THE HON'BLE MR JUSTICE P. VELMURUGAN M.Amutha

...Petitioner

Versus

1.The District Collector, Office of the Collectorate, Krishnagiri District - 635 115.

2.The Tahsildar Uthangarai Tahsildar Office, Police Station Road, Uthangarai Taluk, Krishnagiri District - 635 207.

3.The Head Surveyor, Uthangarai Taluk Office, Krishnagiri District - 635 207.

...Respondents

Prayer: This writ petition is filed under Article 226 of the Constitution of India, with a prayer to issue a writ of Mandamus, directing the 2nd respondent to dispose of the application of the petitioner dated 03.05.2023 and consequently direct the 3rd respondent to survey and demarcate the property in Patta No.235 bearing Survey No.26/3B with an extent of 40 cents in Papparapatti (Sulakarai) Village, Uthangarai Taluk, Krishnaigiri District.

For Petitioner :

Mr.B.Pachaiyappan For Respondents :

Mr.V.Veluchamy Additional Government Pleader

O R D E R

This writ petition is filed for a simple writ of Mandamus, directing the 2nd respondent to dispose of the application of the petitioner dated 03.05.2023 and consequently direct the 3rd respondent to survey and demarcate the property in Patta No.235 bearing Survey No.26/3B with an extent of 40 cents in Papparapatti (Sulakarai) Village, Uthangarai Taluk, Krishnaigiri District.

2. Mr.V.Veluchamy, learned Additional Government Pleader for the respondents would submit that since there are lot of bushes and rough edges which are creating hurdles in surveying the land, so they are not able to survey and demarcate the property freely, therefore, they also orally intimated the petitioner about it. But so far no actions have been taken by the petitioner and has not co-operated as to conduct the survey in free manner. Since the bushes and rough edges of the land has not been removed and the same are the hurdles before the authorities.

3. However, the learned Additional Government Pleader has admitted that they have received acknowledgment that the petitioner has received letter from the respondent and they have not received any reply or instruction in writing from the petitioner. The 3rd respondent is directed to give a representation to the petitioner to remove whatever the hurdles are to conduct the survey freely, receiving the same, the petitioner is directed to remove all the hurdles and enable the 3rd respondent to survey and demarcate the property in free and equitable manner and on receiving the same, respondents are directed to conduct the survey, if the petitioner is otherwise eligible for the same. With the above direction, this writ petition is disposed of . No costs. 18.12.2023 Index :Yes/No Speaking :Yes/No nst

P. VELMURUGAN,J.

nst To:

1.The District Collector, Office of the Collectorate, Krishnagiri District - 635 115.

2.The Tahsildar Uthangarai Tahsildar Office, Police Station Road, Uthangarai Taluk, Krishnagiri District - 635 207.

3.The Head Surveyor, Uthangarai Taluk Office, Krishnagiri District - 635 207.

18.12.2023