Kalyani v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Kalyani ... Petitioner /Vs./ 1.The District Collector, Collector Office, Madurai District.
2.The Revenue Divisional Officer, Revenue Divisional Office, Madurai East, Madurai District.
3.The Tahsildar, Taluk Office, Madurai East Taluk, Madurai.
4.The Land Surveyor, Land Surveyor Office, Madurai East Taluk, Madurai District.
... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to give appropriate direction to the 3rd respondent to measure and demarcate petitioner lands in Survey No.3/19, to an extent of 5 cents (Patta No.1716) situated at Veerapanjan Village, Othakadai Taluk, Madurai District, based on Petitioner's representation dated 01.02.2022 and to pass such order or other orders as this Court. For Petitioner : Ms.M.Benazir Begum For Respondents : Mr.M.Lingadurai Special Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to give appropriate direction to the third respondent to measure and demarcate petitioner's lands in Survey No.3/19, to an extent of 5 cents (Patta No.1716) situated at Veerapanjan Village, Othakadai Taluk, Madurai District, based on Petitioner's representation dated 01.02.2022, within a time frame to be fixed by this Court.
2.The petitioner has submitted a representation to the respondents on 01.02.2022 seeking for survey and demarcation of 1/3
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.
3.Heard Ms.M.Benazir Begum, 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 01.02.2022 for the said purpose.
5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 01.02.2022 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 fourth respondent to survey and fix the boundaries in the petitioner's property in Survey No.3/19, to an extent of 5 cents (Patta No.1716) situated at Veerapanjan Village, Othakadai 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 (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) sm 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.
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To 1.The District Collector, Collector Office, Madurai District.
2.The Revenue Divisional Officer, Revenue Divisional Office, Madurai East, Madurai District.
3.The Tahsildar, Taluk Office, Madurai East Taluk, Madurai.
4.The Land Surveyor, Land Surveyor Office, Madurai East Taluk, Madurai District.
+1 CC to M/s.SPL GP ( SR-7450[F] dated 21/02/2022 ) order made in Dated:
18.02.2022 SB(CO) GC(10.03.2022) 3P 6C 3/3