Gandhimathi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Gandhimathi ... Petitioner Vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The Tahsildar, Devakottai, Sivagangai District.
3.The Village Administrative Officer, Perattukottai Group, Devakottai Taluk, Sivagangai District.
4.The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.
5.Ramya 6.Muniyandi @ Chinnathambi ... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 2 and 3 herein to conclude the process of survey of lands comprised in S.Nos.276/27, 276/42 and 276/43 situated at Perattukottai Village, Devakottai Taluk, Sivagangai District by fixing the boundaries with adequate police protection by considering the writ petitioner's application dated 31.12.2021, within the time stipulated by this Court.
For Petitioner : Mr.J.Anandkumar For R1 to R4 : Mr.T.Amjad Khan Government Advocate
O R D E R
*********** This writ petition has been filed for a Mandamus seeking for a direction to the second and third respondents to conclude the process of survey of lands comprised in S.Nos.276/27, 276/42 and 276/43 situated at Perattukottai Village, Devakottai Taluk, Sivagangai District by fixing the boundaries with adequate police protection, by considering the writ petitioner's application dated 31.12.2021, within a time frame to be fixed by this Court. 1/3
2.The petitioner has submitted a representation to the official respondents on 31.12.2021, 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 representation has not been considered till date, this writ petition has been filed.
3.Heard Mr.J.Anandkumar, learned Counsel appearing for the writ petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents 1 to 4. 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 31.12.2021, for the said purpose.
5.No prejudice would be caused to the second respondent, 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 to survey and fix the boundaries in the petitioner's property in S.Nos.276/27, 276/42 and 276/43 situated at Perattukottai Village, Devakottai Taluk, Sivagangai 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. If required, the second respondent shall seek assistance of the fourth respondent police for the purpose of conducting survey and demarcation of the petitioner's land.
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) MR To 1.The District Collector, Sivagangai District, Sivagangai.
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2.The Tahsildar, Devakottai, Sivagangai District.
3.The Village Administrative Officer, Perattukottai Group, Devakottai Taluk, Sivagangai District.
4.The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.
+1 CC to M/s.J. ANANDKUMAR, Advocate ( SR-21630[F] dated 27/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-22077[F] dated 28/04/2022 ) 27.04.2022 MGJ(17.05.2022) 3P 7C 3/3