Rajakumari D v. The Assistant Director
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE D.Rajakumari ... Petitioner Vs.
1.The Assistant Director, Office of the Survey land Records, Pudukottai, Pudukottai District.
2.The Tahsildar, Alangudi Taluk Office, Pudukottai District.
3.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai, Pudukottai District.
4.The Inspector of Police, Vadakadu Police Station, Pudukottai District.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the the 1st and 2nd respondents herein to survey the petitioner's agricultural lands with the help of 4th respondent herein, and mark necessary boundaries for petitioner's agricultural property measuring 48 acres bearing survey Nos.198/1B1, 198/1B2 and 39/1A2 situated within the limits and jurisdiction of Pullanviduthi and Vanakkankadu Villages, which lies in Alangudi and Karambakudi Taluk, Pudukottai District. For Petitioner : Mr.B.Karthikeyan For Respondent : Mr.S.Jeyapriya Government Advocate
O R D E R
*********** This writ petition has been filed seeking for a Mandamus to direct the first and the second respondents to survey the petitioner's agricultural lands with the help of the fourth respondent and mark necessary boundaries for petitioner's agricultural property measuring 48 acres bearing survey Nos.198/1B1, 198/1B2 and 39/1A2, situated within the limits and jurisdiction of Pullanviduthi and Vanakkankadu Villages, which lies in Alangudi and Karambakudi Taluk, Pudukottai District.
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2.It is the case of the petitioner that she is a senior citizen and aged about 76 years and she is the owner of the aforesaid property. According to her, the villagers are creating problems to her with regard to the peaceful possession and enjoyment of the aforesaid properties. In such circumstances, the petitioner has given several representations including the last representation dated 21.12.2021, requesting the first and the second respondents to measure the property of the petitioner and mark boundaries in accordance the the provisions of the Tamil Nadu Survey and Boundaries Act, 1923. Since the petitioner's representations have not been considered till date, this writ petition has been filed. 3.Heard Mr.B.Karthikeyan, learned counsel for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate, who accepts notice on behalf of the respondents.
4.No prejudice would be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, after hearing the necessary parties including the neighbours, who are opposing the possession of the petitioner over the said property.
5.For the foregoing reasons, this Court directs the first and second respondents to survey the petitioner's agricultural property measuring 48 acres bearing survey Nos.198/1B1, 198/1B2 and 39/1A2, situated within the limits and jurisdiction of Pullanviduthi and Vanakkankadu Villages, which lies in Alangudi and Karambakudi Taluk, Pudukottai District, in the presence of the petitioner as well as any other person, who also claims right over the same, after giving appropriate notice and after surveying the same and mark the boundaries and submit a report accordingly and the copy of the same shall be given to the petitioner as well as any other interested persons. The respondents 1 and 2 shall take assistance of the fourth respondent, for the purpose of conducing survey in the aforementioned property and the fourth respondent, on the request made by the respondents 1 and 2, shall provide necessary assistance to maintain law and order. The necessary charges for the survey shall bear by the petitioner.
6.With the aforesaid direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) Ns 2/3
To 1.The Assistant Director, Office of the Survey land Records, Pudukottai, Pudukottai District.
2.The Tahsildar, Alangudi Taluk Office, Pudukottai District.
3.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai, Pudukottai District.
4.The Inspector of Police, Vadakadu Police Station, Pudukottai District.
+1 CC to M/s.SPL GP ( SR-4760[F] dated 08/02/2022 ) 07.02.2022 RK(18/02/2022) 3P 6C 3/3