Sarasu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Sarasu .. Petitioner Vs 1.The District Collector, Dindigul District, Collectorate Buildings, Dindigul.

2.The Tahsildar, Vedasandur Taluk, Tahsildar's Office, Vedasandur, Dindigul District.

3.The Taluk Surveyor, Vedasandur Taluk, Surveyor's Office, Vedasandur, Dindigul District.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to measure/survey the petitioner's property measuring an extent of Ac.0.84 cents situate in survey No.899/1E of Ayyalur village, Vedasandur Taluk, Dindigul District, within the time frame to be fixed by this Court.

For Petitioner : Mr.K.S.Kathiravan For Respondents : Mr.B.Saravanan Additional Government Pleader.

ORDER

This writ petition has been filed for a Mandamus seeking for a direction to the respondents to survey the property measuring an extent of Ac.0.84 cents situated in survey No.899/1E of Ayyalur village, Vedasandur Taluk, Dindigul District, on the basis of petitioner's representation dated 27.10.2020, within a time frame to be fixed by this Court.

2.The petitioner has submitted a representation to the respondents on 27.10.2020 seeking for survey and demarcation of 1/3

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.K.S.Kathiravan, learned Counsel for the writ petitioner and Mr.B.Saravanan, 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 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 27.10.2020 for the said purpose.

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 second respondent deems fit to put on notice at the time of survey. 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 property measuring an extent of Ac.0.84 cents situated in survey No.899/1E of Ayyalur village, Vedasandur Taluk, Dindigul District, after giving notice to the petitioner and any other necessary party, whom the second respondent deems 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 I) // True Copy // / /2022 Sub Assistant Registrar(CS) TM To 1.The District Collector, Dindigul District, Collectorate Buildings, Dindigul.

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2.The Tahsildar, Vedasandur Taluk, Tahsildar's Office, Vedasandur, Dindigul District.

3.The Taluk Surveyor, Vedasandur Taluk, Surveyor's Office, Vedasandur, Dindigul District.

+1 CC to M/s.K.S.KATHIRAVAN, Advocate (SR-22261[F] dated 28/04/2022) +1 CC to M/s.SPL.GP ( SR-22360[F] dated 28/04/2022 ) 27.04.2022 MK/18.05.2022/3P/6C 3/3