Suseela v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 08.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.2626 of 2024 Suseela
...Petitioner
/Vs./ 1.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.
2.The Thasildar, Thiruvidaimarudhur Taluk, Thanjavur District.
3.The Deputy Superintendent of Police, Thiruvidaimarudhur Taluk, Thanjavur District.
4.The Surveyor, Panthanallur, Thiruvidaimarudhur Taluk, Thanjavur District.
5.The Inspector of Police, Panthanallur Police Station, Thanjavur District.
...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 No.1, 1/6
2 and 4 herein to conduct survey and demarcate four boundaries in respect of the property comprised in Sur. No.121/1A1B and 121/1A1C bearing patta No. 1143 situated at Neikuppai Village, Thiruvidaimarudhur Taluk, Thanjavur District with the aid of the respondent No.3 and 5 and consequently direct the respondent No.1, 2 and 4 to issue within a stipulated time period in accordance with law on the basis of the application dated 28.03.2023. For Petitioner : Mr.C.Senthil Murugan For Respondents : Ms.K.Christy Thebaral (R1 to R4) Additional Government Pleader Ms.M.Aasha (R5) Government Advocate
ORDER
This writ petition has been filed for issuance of writ of mandamus directing the respondent No.1, 2 and 4 herein to conduct survey and demarcate four boundaries in respect of the property comprised in Sur. No.121/1A1B and 121/1A1C bearing patta No.1143 situated at Neikuppai Village, Thiruvidaimarudhur Taluk, Thanjavur District with the aid of the respondent No.3 and 5 and consequently direct the respondent No.1, 2 and 4 to issue within a stipulated time period in accordance with law on the basis of the application dated 28.03.2023.
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2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader and the learned Government Advocate appearing for the respondents. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.
3. The case of the petitioner is that the petitioner is in possession and enjoyment of the subject property through the gift settlement deed. In order to fence the subject property, she submitted an application for survey of the subject property and she has also paid necessary fee for the same. Since no action has been taken by the respondents, this writ petition has been filed.
4. The learned Additional Government Pleader appearing for the respondents on written instructions received from the second respondents in Na.Ka.No.289-2024-A6, dated 08.02.2024 submits that the petitioner's land can be measured only after issuing notice to the owners of the four boundaries of the subject property.
5. Considering the above facts and circumstances of the case, this Court directs the respondents to conduct survey of the subject property by considering 3/6
the application made by the petitioner dated 28.03.2023, in the presence of the petitioner and any other necessary party, whom the respondents deem fit to put on notice within a period of eight [8] weeks from the date of receipt of a copy of this order.
6. With the above directions, this writ petition is disposed of. No costs. 08.02.2024 NCC : Yes/No Index : Yes/No Internet:Yes/No sm 4/6
TO:- 1.The Revenue Divisional Officer, Kumbakonam, Thanjavur District.
2.The Thasildar, Thiruvidaimarudhur Taluk, Thanjavur District.
3.The Deputy Superintendent of Police, Thiruvidaimarudhur Taluk, Thanjavur District.
4.The Surveyor, Panthanallur, Thiruvidaimarudhur Taluk, Thanjavur District.
5.The Inspector of Police, Panthanallur Police Station, Thanjavur District.
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V.BHAVANI SUBBAROYAN, J.
sm Order made in W.P(MD)No.2626 of 2024 Dated:
08.02.2024 6/6