G.Seethadevi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.01.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No. 39878 of 2024 G Seethadevi ... Petitioner Vs 1 The District Collector Tiruppur District, Tiruppur- 641604 2 The Tahsildar, Avinashi Taluk, Avinashi Tiruppur District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the 2nd respondent to survey her agricultural land in S.F.No. 103/3A2 with an extent of 1.55 Acres situated in Ayyampalayam Village, Avinashi Taluk, Tiruppur District and fix the boundary based on her application dated 19.03.2023.

For Petitioner :

Mr.P.M. Duraiswamy For Respondents 1 and 2:

Mr A. Selvendran, Special Government Pleader

ORDER

1/4

The above Writ Petition has been filed seeking a mandamus directing the 2nd respondent to survey her agricultural land in S.F.No. 103/3A2 measuring an extent of 1.55 Acres situated in Ayyampalayam Village, Avinashi Taluk, Tiruppur District and fix the boundary, based on her application dated 19.03.2023.

2. The grievance of the petitioner is that she sent an application to the 2nd respondent dated 19.09.2023 through registered post to survey and fix boundary in her land in S.F.No. 103/3A2 measuring an extent of 1.55 Acres situated in Ayyampalayam Village, Avinashi Taluk, Tiruppur District by paying necessary fees. The said application was received by the 2nd respondent on 25.09.2023. However, the 2nd respondent has not proceeded to survey the land in question. Hence, the petitioner is before this Court.

3. Heard the learned counsels on the either side and perused the records.

4. Considering the facts and circumstances of the case, a mandamus is issued to the 2nd respondent to survey the petition mentioned property. The petitioner shall submit all the relevant records to show her title to the property 2/4

and the respondent shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter, proceed to 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 8 weeks from the date of receipt of a copy of this order.

5. With the above directions, this Writ Petition is allowed. No costs. 06.01.2025 Index: Yes/No Speaking order/non-speaking order srn To, 1 The District Collector Tiruppur District, Tiruppur- 641604 2 The Tahsildar, Avinashi Taluk, Avinashi Tiruppur District.

P.T.ASHA, J., srn 3/4

W.P.No. 39878 of 2024 06.01.2025 4/4