Gomathi .R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE R.Gomathi ... Petitioner Vs.

1.The District Collector, The District Collector Office, 2.The Tahsildar, Tahsildar Office, Melur Taluk, 3.The Taluk Surveyor, Melur Taluk, ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 20.12.2021, to survey the property to fix the four boundaries in Survey Nos.408/13A, 408/13B to an extent of 07.50 ares, which is situate at Manapacheri Village, Katungalakudi Sub-Registrar Office, Melur Taluk, Madurai District within the time fixed by this Court. For Petitioner : Mr.K.Balamurugan For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey and fix boundaries in the petitioner's property in Survey Nos.408/13A, 408/13B to an extent of 07.50 ares, which is situated at Manapacheri Village, Katungalakudi Sub-Registrar Office, Melur Taluk, Madurai District, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 20.12.2021 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.

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3.Heard Mr.K.Balamurugan, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of 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 the appointment of a Surveyor and the petitioner has given a representation on 20.12.2021 for the said purpose.

5.No prejudice would be caused to the respondents if the representation of the petitioner dated 20.12.2021 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 Nos.408/13A, 408/13B to an extent of 07.50 ares, which is situate at Manapacheri Village, Katungalakudi Sub-Registrar Office, Melur Taluk, Madurai 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 (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, The District Collector Office, 2.The Sub Registrar, Melur Taluk, 2/3

3.The Tahsildar, Tahsildar Office, Melur Taluk, 4.The Taluk Surveyor, Melur Taluk, +1 CC to M/s.K.BALAMURUGAN, Advocate ( SR-6016[F] dated 14/02/2022 ) +1 CC to M/s.SPL GP ( SR-6004[F] dated 14/02/2022 ) 11.02.2022 RK(25/02/2022) 3P 7C 3/3