Rajini.R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE R.Rajini ... Petitioner Vs.

1.The District Collector, Collectorate, Tiruchirasppalli.

2.The Revenue Divisional Officer, Lalgudi, Tiruchirappalli.

3.The Tahsildar, Mannachanallur Taluk, Tiruchirappalli.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent herein to conduct the survey and sub-divide the property in the name of the petitioner within a time limit stipulated by this Court.

For Petitioner : Mr.S.Venkatesh for Mr.P.Parthiban For Respondents : 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 third respondent herein to conduct the survey and sub-divide the property in the name of the petitioner, within a time frame to be fixed by this Court.

2.The petitioner claims that she is the absolute owner of the property comprised in S.No.156/1A admeasuring an extent of Ac.0.19 cents situated at Madakudi Village, Lalgudi Taluk, Tiruchirappalli District.

3.The petitioner seeks for survey and demarcation of the boundaries in respect of the aforementioned property. She also seeks for a sub-division patta in her name for the aforementioned property. She has filed documents along with this writ petition to substantiate her case that she is the owner of the aforementioned 1/3

property. It is for the respondents to consider the same on merits and in accordance with law. The petitioner has given a representation in this regard on 07.08.2021 to the respondents, calling upon them to conduct survey and demarcation of boundaries and also issue a sub-division patta in her favour. The said representation has not been considered till date. In such circumstances, the petitioner has filed this writ petition. 4.Heard Mr.S.Venkatesh for Mr.P.Parthiban, learned Counsel appearing for the writ petitioner and Mr.D.Sasikumar, learned Additional Government Pleader who accepts notice on behalf of the respondents.

5.No prejudice would be caused to the third respondent if the petitioner's representation is considered on merits and in accordance with law after affording a fair hearing to the petitioner as well as the other necessary parties, whom the third respondent deems fit to enquire. The petitioner seeks for survey and demarcation of the boundaries. She also seeks for issuance of subdivision patta in her name. 6.For the foregoing reasons, the third respondent is directed to survey and demarcate the petitioner's property as stated supra, in the presence of the petitioner and in the presence of any other necessary party, whom the third respondent deems fit to put on notice and demarcate the boundaries thereafter within a period of twelve [12] weeks from the date of receipt of a copy of this order.

After survey and demarcation of the boundaries is completed, the third respondent shall consider the petitioner's representation seeking for issuance of a sub-division patta in her name and pass final orders on merits and in accordance with law within a period of twelve [12] weeks thereafter, after affording a fair hearing to the petitioner and other rival claimants, if any. 7.With the aforesaid direction, this Writ Petition stands disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS-II) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To 1.The District Collector, Collectorate, Tiruchirasppalli.

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2.The Revenue Divisional Officer, Lalgudi, Tiruchirappalli.

3.The Tahsildar, Mannachanallur Taluk, Tiruchirappalli.

+1 CC to M/s.SPL.GP. ( SR-21261[F] dated 26/04/2022 ) 25.04.2022 RD(23.05.2022) 3P 5C 3/3