Madras High CourtWP(MD)/3831/2022disposed of

Kamala.J v. The District Collector / Inspector Of Panchayats

2022-03-02Honourable Mr Justice Abdul Quddhose3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE J.Kamala ... Petitioner Vs.

1. The District Collector/Inspector of Panchayats, Virudhunagar District, Virudhunagar.

2. The Revenue Divisional Officer, Sattur Revenue Division, Sattur, Virudhunagar District.

3. The Commissioner/Block Development Officer (Panchayats) Sattur Panchayat Union Office, Sattur, Virudhunagar District.

4. The Tahsildar, Sattur Taluk, Sattur in Virudhunagar District.

5. The Village Panchayat President, Padanthal Village Panchayat, Padanthal Village, Sattur Taluk, Virudhunagar District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 4th respondent to survey the property of the petitioner in S.No.282/1A1B to the extent of 0.5.55 Ares at Padanthal Village in Sattur Taluk in Virudhunagar District with reference to her document of title, Patta and the Field Map and demarcate the four boundaries by planting survey stones.

For Petitioner : Ms.S.Mahalakshmi For R1, R2, R4 : Mr.M.Lingadurai Special Government Pleader For R3 & R5 : Mr.G.V.Vairam Santhosh Additional Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the fourth respondent to survey the property of the petitioner in S.No.282/1A1B measuring an extent of 0.5.55 ares at Padanthal Village in Sattur Taluk in Virudhunagar District with 1/3

reference to her document of title, Patta and the Field Map and demarcate the four boundaries by planting survey stones within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 27.09.2021 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.

3.Heard Ms.S.Mahalakshmi, learned Counsel for the writ petitioner, Mr.M.Lingadurai, learned Special Government Pleader who accepts notice on behalf of respondents 1, 2 and 4 and Mr.G.V.Vairam Santhosh, learned Additional Government Pleader who accepts notice on behalf of respondents 3 and 5.

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 27.09.2021 for the said purpose.

5.No prejudice would be caused to the respondents if the representation of the petitioner dated 27.09.2021 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 fourth respondent to survey and fix the boundaries in the petitioner's property in S.No.282/1A1B measuring an extent of 0.5.55 ares at Padanthal Village in Sattur Taluk in Virudhunagar 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 (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) MR 2/3

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