Sivakamu Ammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.03.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Sivakamu Ammal ... Petitioner /Vs./ 1.The District Collector, O/o.The District Collectorate, Trichy.

2.The District Revenue Officer, O/o.District Revenue Officer, Trichy.

3.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Musiri, Thuraiyur Taluk, Trichy.

4.The Tahsildar, O/o.The Tahsildar, Thuraiyur Taluk, Trichy.

5.The Firka Surveyor, Department of Land Survey, O/o.The Tahsildar, Thuraiyur Taluk, Trichy.

... Respondents 1/5

P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth and fifth respondents to survey the lands in S.No.86,87/1, 88 and 98 in Thenparanadu Village, Thuraiyur Taluk, Tiruchirappalli district based pon the representation dated 18.07.2024 withint he time stipulated by this Court. For Petitioner : Mr.S.Ramsundarvijayraj For Respondents : Mr.M.Lingadurai Special Government Pleader

ORDER

The petitioner seeks issuance of a Writ of Mandamus to direct the authorities to conduct survey pursuant to the survey application dated 18.07.2024.

2. I have heard the learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the official respondents.

3. With the consent of the counsel on either side, the writ petition is taken up for final disposal.

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4. The learned counsel for the petitioner would invite my attention to the judgment of this Court in the second appeal proceedings, dated 02.08.2011 confirming the title of the petitioner. He would therefore contend that the alienations made pending the first appeal were invalid and in fact, all these have been considered by the Revenue Divisional Officer and a considered order has been passed on 27.02.2019, in proceedings Na.Ka.A1/2741/2014. The petitioner's counsel therefore seeks for writ of mandamus being favourably considered.

5. The learned Special Government Pleader appearing for the respondents would submit that there was a pending writ petition forbearing the authorities from conducting any survey and the said writ petition has already been disposed of and therefore, now there can be no impediment for the authorities to conduct the survey.

6. In view of the above, the writ petition is disposed of with a direction to the fourth respondent, with the assitance of the fifth respondent to conduct survey based on the petitioner's application, dated 3/5

18.07.2024 within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Index : Yes / No NCC : Yes / No 11.03.2025 am To 1.The District Collector, Trichy.

2.The District Revenue Officer, Trichy.

3.The Revenue Divisional Officer, Musiri, Thuraiyur Taluk, Trichy.

4.The Tahsildar, Thuraiyur Taluk, Trichy.

5.The Firka Surveyor, Department of Land Survey, Thuraiyur Taluk, Trichy.

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P.B. BALAJI , J.

am Order made in Dated:

11.03.2025 5/5