Madras High CourtWP(MD)/7173/2022disposed of

Nathiya v. The District Collector

2022-04-18Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.7173 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.7173 of 2022 Nathiya ... Petitioner /Vs./ 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Sivagangai Taluk, Sivagangai District.

3.The Inspector of Land Survey, Sivagangai Taluk, Sivagangai District.

... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd and 3rd respondents to survey and demarcate the boundaries in respect of the petitioner's land measuring 6 cents in Survey Nos.25/20A, 25/20B in Singinipatti Village, Sivagangai District.

For Petitioner : Mr.Joseph Jerry For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey and demarcate the boundaries in respect of the petitioner's land measuring 6 cents in Survey Nos.25/20A, 25/20B in Singinipatti Village, Sivagangai District, based on the petitioner's application dated 13.12.2021, within a time frame to be fixed by this Court.

2.The petitioner has submitted an application to the respondents on 13.12.2021 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 application has not been considered till date, this writ petition has been filed.

3.Heard Mr.Joseph Jerry, learned Counsel for the writ petitioner and Mr.D.Sasikumar, learned Additional Government https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.7173 of 2022 Pleader, who accepts notice on behalf of the official 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 an application on 13.12.2021 for the said purpose.

5.No prejudice would be caused to the respondents, if the application of the petitioner dated 13.12.2021 is considered on merits and in accordance with law, after affording a fair hearing to the petitioner as well as the rival claimants, if any. 6.Accordingly, this Court directs the second respondent with the assistance of the third respondent to survey and fix the boundaries in the petitioner's land measuring 6 cents in Survey Nos.25/20A, 25/20B in Singinipatti Village, 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 (T&P) // True Copy // / /2022 Sub Assistant Registrar(CS) sm To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Tahsildar, Sivagangai Taluk, Sivagangai District.

3.The Inspector of Land Survey, Sivagangai Taluk, Sivagangai District.

+1 CC to M/s.JOSEPH JERRY, Advocate ( SR-19187[F] dated 19/04/2022 ) +1 CC to M/s.SPL.GP ( SR-19361[F] dated 19/04/2022 ) W.P.[MD]No.7173 of 2022 18.04.2022 RD(02.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2