Arulmary.A v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE A.Arulmary ... Petitioner Vs.

1.The District Collector, Trichy.

2.The District Surveyor, Collectorate, Trichy.

3.The Tahsildar, Manapparai Taluk, Trichy District.

... Respondents P RAYER:

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 take appropriate action to property survey and mark the boundary of petitioner property in S.No.539/34, old S.No.142/6c3I in Vaiyampatti Village, Manapparai Taluk, Trichy District in pursuant to the order passed in W.P.(MD)No.3156/2013 on 28.03.2013, within a period that may be stipulated by this Court.

For Petitioner : Mr.A.Mohan For Respondents : Mr.M.Lingadurai Special 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 conduct survey and mark the boundaries of the petitioner's property in S.No.539/34, old S.No.142/6c3I in Vaiyampatti Village, Manapparai Taluk, Trichy District, on the basis of the petitioner's representation dated 01.07.2019, within a time frame to be fixed by this Court. 2.The petitioner has submitted a representation to the respondents on 01.07.2019 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 has been filed.

3.Heard Mr.A.Mohan, learned Counsel for the writ petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts 1/3

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 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 01.07.2019 for the said purpose.

According to the petitioner, despite directions given by this Court in the writ petitions filed by the petitioner earlier, seeking for the very same relief, on 15.10.2009 in W.P.(MD).No.10093 of 2009 and on 28.03.2013 in W.P. (MD).No.3156 of 2013, the respondents till date have not chosen to survey and demarcate the boundaries of the petitioner's property. The same is recorded.

5.No prejudice would be caused to the respondents, if the survey and demarcation of the boundaries is done in the presence of the petitioner and any other necessary party, whom the respondents 2 and 3 deem fit to put on notice at the time of survey. 6.Accordingly, this Court directs the respondents 2 and 3 to survey and fix the boundaries in the petitioner's property bearing S.No.539/34, old S.No.142/6c3I in Vaiyampatti Village, Manapparai Taluk, Trichy District, after giving notice to the petitioner and any other necessary party, whom the respondents 2 and 3 deem fit to put on notice at the time of survey, 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-II) // True Copy // / /2022 Sub Assistant Registrar(CS) TM To 1.The District Collector, Trichy.

2.The District Surveyor, Collectorate, Trichy.

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3.The Tahsildar, Manapparai Taluk, Trichy District.

+1 CC to M/s.SPL.GP ( SR-22367[F] dated 28/04/2022 ) 26.04.2022 RD(23.05.2022) 3P 5C 3/3