Madras High CourtWP(MD)/4496/2022disposed of

Rajapackiam v. The District Collector

2022-03-14Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD)No.4496 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD)No.4496 of 2022 Rajapackiam ... Petitioner vs.

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Manapparai Taluk, Manapparai, Trichy District. 3.The Executive Engineer, Ariyaru Division, PWD, Subramaniapuram, Trichy-1.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to directing the second respondent to survey the land in Survey No.206/1, to the extent of 271⁄2 cents in Kumaravadi Village, Manapparai Taluk, Tiruchirappalli District and fix the four boundaries within a stipulated time according to law.

For Petitioner :Mr.T.A.Ebenezer For Respondents :Mrs.S.Jeyapriya Government Advocate *****

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to measure and demarcate the land bearing Survey No.206/1, to the extent of 271⁄2 cents in Kumaravadi Village, Manapparai Taluk, Tiruchirappalli District by taking into account the petitioner's representation dated 05.01.2022, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 05.01.2022 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 Mr.T.A.Ebenezer, learned Counsel for the Writ Petitioner and Mrs.S.Jeyapriya, learned Government Advocate, who https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.4496 of 2022 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 05.01.2022 for the said purpose.

5.No prejudice would be caused to the respondents, if the representation of the petitioner dated 05.01.2022 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 second respondent to survey and fix the boundaries in the petitioner's property bearing Survey No.206/1, to the extent of 271⁄2 cents in Kumaravadi Village, Manapparai Taluk, Tiruchirappalli 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 aforesaid directions, 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) cmr To 1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Manapparai Taluk, Manapparai, Trichy District. 3.The Executive Engineer, Ariyaru Division, PWD, Subramaniapuram, Trichy-1.

+1 CC to M/s.SPL GP ( SR-12191[F] dated 15/03/2022 ) Order made in W.P.(MD)No.4496 of 2022 14.03.2022 ck(CO) TR(24.03.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2