Rameswari.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Rameswari ... Petitioner vs.

1.The District Collector, Collectorate Dindigul, 2.The Tahsildar, Taluk Office, Ottanchatram, 3.Taluk Surveyor, Alangudi Taluk, Taluk Office, Ottanchatram, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second and third respondents to survey the petitioner's land and place the survey stones comprised in Survey No.653/1A1A patta No.9454 to the extent of Acre 1 Cents 9 and property comprised in Survey No.745/2A to the extent of 20 Cents and another property in survey No.745/2C to the extent of 45 cents situated at Ambilikai Village, Ottanchadram Taluk, Dindigul District based on the petitioner's representation dated 09.11.2020 within a time frame as may be fixed by this Court.

For Petitioner :Mr.G.Rajaraman For Respondents :Mr.T.Amjad Khan Government Advocate *****

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the second and third respondents to survey the petitioner's land and place the survey stones comprised in Survey No.653/1A1A patta No.9454 to the extent of Acre 1 cents 9 and property comprised in Survey No.745/2A to the extent of 20 cents and another property in Survey No.745/2C to the extent of 45 cents situated at Ambilikai Village, Ottanchadram Taluk, Dindigul District based on the petitioner's representation dated 09.11.2020 within a time frame to be fixed by this Court.

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2.The petitioner has submitted a representation to the respondents on 09.11.2020 seeking for survey and demarcation of boundaries in respect of the aforementioned property, which she claims that it belongs to her absolutely. Since the said representation has not been considered till date, this Writ Petition has been filed.

3.Heard Mr.G.Rajaraman, learned Counsel for the petitioner and Mr.T.Amjad Khan, learned Government Advocate appearing for the respondents.

4.The petitioner has produced documents in support of her case that she is the owner of the aforementioned property. She has sought for a survey and fixation of boundaries by appointment of a Surveyor and the petitioner has given a representation on 09.11.2020 for the said purpose.

5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 09.11.2020 is considered on merits and in accordance with law, after hearing the petitioner as well as the rival claimants, if any.

6.Accordingly, this Court directs the third respondent to survey and fix the boundaries in the petitioner's property in Survey No.653/1A1A patta No.9454 to the extent of Acre 1 cents 9 and property comprised in Survey No.745/2A to the extent of 20 cents and another property in Survey No.745/2C to the extent of 45 cents situated at Ambilikai Village, Ottanchadram Taluk, Dindigul District, after giving notice to the petitioner and rival claimants, if any, within a period of twelve [12] weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (A.D.II) // True Copy // / /2022 Sub Assistant Registrar(CS) cmr To 1.The District Collector, Collectorate Dindigul, 2/3

2.The Tahsildar, Taluk Office, Ottanchatram, 3.Taluk Surveyor, Alangudi Taluk, Taluk Office, Ottanchatram, Dindigul District.

+1 CC to M/s.G. RAJARAMAN, Advocate ( SR-16588[F] dated 05/04/2022 ) +1 CC to M/s.SPL.GP ( SR-16849[F] dated 06/04/2022 ) 05.04.2022 RD(13.04.2022) 3P 6C 3/3