Chinnammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.04.2022

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Chinnammal ... Petitioner vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Office of the Tahsildar, Gujiliamparai Taluk, Dindigul District.

3.The Taluk Surveyor, Gujiliamparai Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 2 and 3 to measure and demarcate the petitioner's properties in S.No.75/1B3 to an extent of 1.09 acres, S.No.75/20 to an extent of 0.04.0 hectares, S.No.75/2B to an extent of 0.92 1/2 acres and S.No.75/2A to an extent of 2.16 acres which are situated in Karungal Village, Vedasanthur Taluk, Gujiliamparai, Palani, Dindigul District by considering the petitioner's representations dated 29.07.2021 and 02.08.2021.

For Petitioner :Mr.R.Maheswaran For Respondents :Mr.B.Saravanan Additional Government Pleader

O R D E R

This Writ Petition has been filed for a Mandamus seeking for a direction to the respondents 2 and 3 to measure and demarcate the petitioner's properties in S.No.75/1B3 to an extent of 1.09 acres, S.No.75/20 to an extent of 0.04.0 hectares, S.No.75/2B to an extent of 0.92 1/2 acres and S.No.75/2A to an extent of 2.16 acres which are situated in Karungal Village, Vedasanthur Taluk, Gujiliamparai, Palani, Dindigul District based on the petitioner's representations dated 29.07.2021 and 02.08.2021.

2.The petitioner has submitted representations to the respondents on 29.07.2021 and 02.08.2021 seeking for survey and demarcation of boundaries in respect of the aforementioned properties, which she claims that it belongs to her absolutely. Since the said representations have not been considered till date, this Writ Petition has been filed.

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3.Heard Mr.R.Maheshwaran, learned Counsel for the petitioner and Mr.B.Sasravanan, learned Additional Government Pleader who 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 properties. She has sought for survey and fixation of boundaries by the appointment of a Surveyor and the petitioner has given representations on 29.07.2021 and 02.08.2021 for the said purpose. 5.No prejudice would be caused to the respondents, if the representations of the petitioner dated 29.07.2021 and 02.08.2021 are 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 respondents 2 and 3 to measure and demarcate the petitioner's properties in S.No.75/1B3 to an extent of 1.09 acres, S.No.75/20 to an extent of 0.04.0 hectares, S.No.75/2B to an extent of 0.92 1/2 acres and S.No.75/2A to an extent of 2.16 acres which are situated in Karungal Village, Vedasanthur Taluk, Gujiliamparai, Palani, Dindigul 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 directions, 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) cmr To 1.The District Collector, Dindigul District, Dindigul.

2.The Tahsildar, Office of the Tahsildar, Gujiliamparai Taluk, Dindigul District.

3.The Taluk Surveyor, Gujiliamparai Taluk, Dindigul District.

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+1 CC to M/s.SPL.GP ( SR-17904[F] dated 11/04/2022 ) +1 CC to M/s.R. MAHESWARAN, Advocate ( SR-18016[F] dated 12/04/2022 ) 08.04.2022 NSN(CO) KB(20.04.2022) 3P 6C 3/3