Gunavalli v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Gunavalli ... Petitioner Vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Manamadurai Taluk, Sivagangai District.

3.The Taluk Surveyor, Manamadurai Taluk, Sivagangai District.

4.Kathamuthu 5.Pandiammal ... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second and third respondents to survey the petitioner's property situated at Survey No.85/3 and New Natham Survey No.320/32, Moongiloorani Village, Mangulam Group, Manamadurai Taluk, Sivagangai District by considering the petitioner's application dated 21.02.2022. For Petitioner : Mr.T.Veerakumar For Respondents 1 to 3 : Mr.D.Sasikumar Additional Government Pleader

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the second and third respondents to survey the petitioner's property situated at Survey No.85/3 and New Natham Survey No.320/32, Moongiloorani Village, Mangulam Group, Manamadurai Taluk, Sivagangai District by considering the petitioner's application dated 21.02.2022 within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 21.02.2022 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 1/3

has been filed.

3.Heard Mr.T.Veerakumar, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents 1 to 3. 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 21.02.2022 for the said purpose.

5.No prejudice would be caused to the official respondents if the representation of the petitioner dated 21.02.2022 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 third respondent to survey and fix the boundaries in the petitioner's property in Survey No.85/3 and New Natham Survey No.320/32, Moongiloorani Village, Mangulam Group, Manamadurai Taluk, Sivagangai 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) MR 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, Sivagangai District, Sivagangai.

2.The Tahsildar, Manamadurai Taluk, Sivagangai District.

3.The Taluk Surveyor, Manamadurai Taluk, Sivagangai District.

+1 CC to M/s.T.VEERAKUMAR, Advocate ( SR-12756[F] dated 17/03/2022 ) +1 CC to M/s.SPL GP ( SR-12956[F] dated 18/03/2022 ) 17.03.2022 SVS(CO) KB(31.03.2022) 3P 6C 3/3