Vasanthi v. The Taluk Surveyor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Vasanthi ...

Petitioner -vsThe Taluk Surveyor, Srirangam Taluk, Trichy District.

...

Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondent to consider the representation, dated 28.09.2024, for measurement of the property in survey No.132/3C16, Sirugameni West Village, Srirangam Taluk, Trichy District, to total extent of 17 cents. For Petitioner :

Mr.S.B.Kayvin Prince For Respondent : Mr.R.Raghavendran, Govt. Advocate.

ORDER

The petitioner has filed this Writ Petition for a mandamus, directing the respondent to consider her representation, dated 28.09.2024, for measurement of the property in survey No.132/3C16, Sirugameni West Village, Srirangam Taluk, Trichy District, to an extent of 17 cents.

2. The petitioner is the lawful owner of the subject property. The petitioner's husband settled the property to an extent of 15 cents in Survey No.132/3C16 to the petitioner's son. The petitioner also purchased 5 cents in the said survey number. Thereafter, a joint patta was issued to the petitioner and her son for the said property. While so, National Highways Authority of India acquired the petitioner's land to an extent of 3 cents for extension of N.H.67, and, to the extent of 20 cents, the petitioner wanted to sell the land. Therefore, the petitioner decided to survey and demarcate the boundaries of the said land. The petitioner submitted an online application to the respondent on 28.09.2024, along with necessary fee, for survey and demarcation of the boundaries of the subject lands. As no action was taken by the respondent, the petitioner submitted a representation on 04.11.2024 to the respondent and, even thereafter, no action was taken by the respondent. Therefore, the petitioner filed the above writ petition for the aforesaid relief.

3. With the consent of the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

4. I have heard the learned counsel for the parties and also perused the materials available on record.

5. Learned counsel for the petitioner submits that there are no rival claims to the subject property and, therefore, as the petitioner is leaving the country within three weeks, a direction be issued to the respondent to complete the survey within the said period of three weeks.

6. In view of the above submission made by the learned counsel for the petitioner, coupled with the fact that the petitioner's application for survey has been kept pending with the respondent without any action since September,2024, the respondent is directed to complete the survey within a period of three weeks, if, as submitted by the learned counsel for the petitioner, there are no rival claims. In case there are objections to the survey, the respondent shall follow the directions issued by this Court in W.P.(MD) No. 28143 of 2024, dated 26.11.2024, while conducting the survey.

7. Writ Petition is disposed of accordingly. No costs. 28.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

The Taluk Surveyor, Srirangam Taluk, Trichy District.

N.MALA, J.

dixit 28.01.2025