Madras High CourtWP(MD)/3631/2022disposed of

Jegajothi V v. The District Collector

2022-02-28Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE V.Jegajothi .. Petitioner Vs 1.The District Collector, Collectorate, Kokkirakulam, Tirunelveli - 627 009, 2.The Tahsildar, Thisaiyanvilai, 3.The District Revenue Officer, Office of the District Collector, Kokkirakulam, Tirunelveli - 627 009, 4.The Surveyor, Keeraikaran Thattu, Thisaiyanvilai Taluk, .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents more particularly the 2nd respondent to consider the petitioner's representation dated 16.12.2021 submitted for measuring the property bearing Survey No.103/2A1 (Old No.103/2A), situated at Keeraikaran Thattu, Thisaiyanvilai Taluk, Tirunelveli District. For Petitioner : Mr.S.Palani Velayutham For Respondents : Ms.Jeya Priya Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the 2nd respondent to consider the petitioner's representation dated 16.12.2021 submitted for measuring the property bearing Survey No.103/2A1 (Old No.103/2A), situated at Keeraikaran Thattu, Thisaiyanvilai Taluk, Tirunelveli District. 2.The petitioner claims that she is the absolute owner of the 1/3

aforementioned property through a settlement deed executed by her husband. She has submitted an application on 16.12.2021, to the respondents, calling upon them to survey and demarcate the boundaries for the aforementioned property. Since the said application has not been considered till date, she has filed this writ petition.

3.Heard Mr.S.Palani Velayutham, learned counsel for the petitioner and Ms.Jeyapriya, learned Government Advocate, who accepts notice on behalf of the respondents.

4.No prejudice will be caused to the respondents, if the survey and demarcation of boundaries for the aforementioned property is done in the presence of the petitioner as well as any other rival claimant.

5.Accordingly, this Court directs the second respondent to survey and demarcate the boundaries pertaining to the property bearing Survey No.103/2A1 (Old No.103/2A), situated at Keeraikaran Thattu, Thisaiyanvilai Taluk, Tirunelveli District and fix the boundaries in the said survey number, after affording a fair hearing to the petitioner and any other rival claimant, within a period of twelve weeks from the date of receipt of a copy of this order. 6.With the aforesaid directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID19 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, Collectorate, Kokkirakulam, Tirunelveli - 627 009, 2/3

2.The Tahsildar, Thisaiyanvilai, Tirunelveli District.

3.The District Revenue Officer, Office of the District Collector, Kokkirakulam, Tirunelveli - 627 009, 4.The Surveyor, Keeraikaran Thattu, Thisaiyanvilai Taluk, +1 CC to M/s.S.PALANI VELAYUTHAM, Advocate ( SR-9550[F] dated 02/03/2022 ) +1 CC to M/s.SPL GP ( SR-9210[F] dated 01/03/2022 ) 28.02.2022 SMV(CO) KB(16.03.2022) 3P 7C 3/3