A.Asan Beevi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :30.06.2025
CORAM:
THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.4223 of 2025 A.Asan Beevi ... Petitioner .Vs.
1.The Collector, Tenkasi, Tenkasi District.
2.The Speial District Revenue Officer(Land Acquisition), National Highway No.744, Office of the Special District Revenue Office, Virudhunagar District.
3.The Special Tahsildar, National Highway No.744, Section 8, Main Road, Shenkottai, Tenkasi District.
4.K.S.Mohammed Ismail 5.M.Sinthamadhar 6.M.ShajithaBanu 1/7
7.K.C.Sheik Hussain 8.S.Saribal Begum ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the second respondent to conduct a detailed enquiry about the ownership of the land with proper documents and to pass an award pertaining to the property situated in Ayan Punjai Survey No.1175/4, (actual Survey No.1171/1F) to an extent of 70 cents, situated at Vadakarai Keelpidagi Village, Sengottai Taluk, Tenkasi District based on the legal notice, dated 22.10.2024 issued by the Petitioner, within the time stipulated by this Court. For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.A.Baskaran 1 to 3 Addl.Govt. Pleader For Respondents : Mr.V.Karthik Raja 4 to 6 for M/s.Ajmal Associates For Respondents : No appearance 7 and 8
O R D E R
The Writ Petition is filed seeking a direction to the second respondent to conduct a detailed enquiry about the ownership of the land with proper documents and pass an award in respect of the property situated in Survey No.1175/4, (actual Survey No. 1171/1F) measuring an extent of 70 cents, situated at Vadakarai Keelpidagi Village, Sengottai Taluk, Tenkasi District by 2/7
considering the legal notice, dated 22.10.2024 issued by the Petitioner.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.According to the Petitioner, her husband Amanullah purchased 70 cents of land in S.No.1171/1F under sale deed, dated 20.2.2002. Further, in the sale deed, survey number of the property was wrongly mentioned as S.NO.1175/4 instead of S.No. 1171/1F. The second respondent issued a notification for acquisition of land in S.Nos.1175/1F and 1173/1A for laying National Highways. The respondents 5 and 6, who are the son and daughter of the fourth respondent, has received compensation from the second respondent. Hence, the Petitioner submitted a representation before the second respondent making a claim for compensation by mentioning the error that had crept in, in his title deed. The same has not been considered so far. Therefore the Petitioner has come before this Court with the present Writ Petition for the relief stated supra.
4.Earlier, this Court by order, dated 22.04.2025 directed the official respondents to conduct a survey of the property with 3/7
reference to the title deed of the Petitioner to resolve the dispute. 5.The learned Additional Government Pleader appearing for the respondents 1 to 3, on instructions from the Tahsildar, Shencottai, submitted that a survey was conducted and the four boundaries mentioned in the title deed of the Petitioner's husband's land tallies with the boundaries of S.No.1171/1F only in one direction and in respect of three directions not tallied. It is also submitted that the compensation amount has been paid to the private respondents, as their names are reflected in the revenue records. It is further stated that the third respondent has also addressed a letter to the banker of the private respondents namely, the Union Bank, Vadakarai Branch, to freeze the account of the private respondents.
The official respondents are not competent to decide about the title. Admittedly, as per the title deed of the Petitioner, the survey number is wrongly mentioned as S.No. 1175/4 instead of S.No.1175/1F.As per the survey conducted by the official respondents, only the boundaries of S.NO.1171/1F tallies with boundaries mentioned in the title deed of the Petitioner only in one direction.
6.In these circumstances, disputed questions of facts raised in this Writ Petition relating to the identity of the property 4/7
purchased by the Petitioner's husband cannot be resolved in this Writ Petition.Therefore, this Court is not inclined to grant the relief sought for by the Writ Petitioner. It is for the Petitioner to approach the competent Civil Court and establish her right and work out the remedy in the manner known to law. 7.With the above observations, the Writ Petition stands disposed of. No costs.
30.06.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The Collector, Tenkasi, Tenkasi District.
2.The Speial District Revenue Officer(Land Acquisition), National Highway No.744, Office of the Special District Revenue Office, Virudhunagar District.
3.The Special Tahsildar, National Highway No.744, Section 8, Main Road, Shenkottai, Tenkasi District.
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S.SOUNTHAR.,J.
vsn ORDER MADE IN W.P(MD)No.4223 of 2025 30.06.2025 7/7