Panchavarnam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Panchavarnam ... Petitioner Vs.

1.The District Collector, Collectorate Campus, Sivagangai.

2.The Tahsildar, Office of the Tahsildar, Kalaiyarkovil (Taluk), Sivagangai.

3.The Head Surveyor, Office of the Tahsildar, Kalaiyarkovil (Taluk), Sivagangai.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to survey the land of the petitioner and fix the four boundaries comprised in Suvey No.318/10 situated at Vellakudi, Marathoor Village, Kalaiyar Kovil Taluk, Sivagangai, based on the representation given by teh petitioner dated 06.12.2021.

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For Petitioner : Mr.R.Karantharajan For Respondents : Mr.N.Muthuvijayan Special Government Pleader

ORDER

This writ petition has been filed in the nature of a Mandamus seeking a direction against the respondents to survey the land and fix the four boundaries in Vellakudi, Marathoor Village, Kalaiyar Kovil Taluk, Sivagangai District. The petitioner had given a representation on 06.12.2021. In the affidavit filed in support of the writ petition, the writ petitioner, a widow and the senior citizen has stated that she is the owner of the land in S.No.318/0, measuring 8 cents at Vellakudi, Marathoor village, Sivagangai. She had inherited the same. Her family has been enjoying the same generation after generation. Revenue records also have been in her name. The house is also assessed to property tax. She is also paying the electricity bills. Her husband has unfortunately died. Her elder daughter is staying with her.

Two houses are left for her by her father. She had let out the house and the cattle yard on rent basis to a primary school. Some lands were also donated to the primary school by her father. She wants to partition the property in an amicable manner. She has applied for permission to survey the land.

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2. A direction is given to the second and third respondents to consider the same within a period of six weeks from the date of receipt of a copy of this order to survey the land of the petitioner and to fix the boundary stones. It is made clear that the said exercise must be completed within a period of six weeks. No further orders are required.

3. This Writ petition is allowed. No costs.

30.03.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No pnn To 1.The District Collector, Collectorate Campus, Sivagangai. 2.The Tahsildar, Office of the Tahsildar, Kalaiyarkovil (Taluk), Sivagangai.

3.The Head Surveyor, Office of the Tahsildar, Kalaiyarkovil (Taluk), Sivagangai.

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C.V.KARTHIKEYAN, J.

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