M.Fathima Kani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI M.Fathima Kani ... Petitioner vs.

1.The District Collector, Office of District Collectorate, Virudhunagar District.

2.The Tahsildar, Office of Tiruchuli Taluk, Virudhunagar District.

3.The Surveyor, Office of Tiruchuli Taluk, Virudhunagar District.

4.The Village Administrative Officer, Village Administrative Office, Veeracholan, Tiruchuli Taluk, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 3rd and 4th respondents to conduct survey and measure the petitioner's land to an extent of 5 cents in Survey No.217/2A1B, Veeracholam, Natham Village, 1/5

Tiruchuli Taluk, Virudhunagar District.

For Petitioner :Mr.T.Balarathinakumar For Respondents :Mrs.K.Malathi Additional Government Pleader *****

O R D E R

Heard Mr.T.Balarathinakumar, learned Counsel for the petitioner and Mrs.K.Malathi, learned Additional Government Pleader for the respondents.

2.The grievance of the petitioner is that the respondents, without conducting survey, are proceeding to give a survey report and forcing the petitioner to sign the proceedings. The petitioner only seeks for survey to be conducted.

3.The learned Additional Government Pleader submits that the petitioner has not cooperated and survey was already conducted on two occasion.

2/5

4.In order to resolve the disputes between the petitioner and the Survey officials, the Writ Petition is disposed of with the following directions:

(1)the respondents 2 and 3 shall conduct survey on 29.04.2025 at 11:00 am. The petitioner shall be present in person and shall render full cooperation;

(2)The survey shall be conducted in the presence of two independent witnesses, who shall also attest the proceedings; (3)The survey proceedings may be videographed at the cost of the petitioner;

(4)The survey shall be conducted on 29.04.2025 and a report shall be furnished to the petitioner within a period of two weeks thereafter; (5)It is made clear that the petitioner shall not expect any notice of survey to be conducted on 29.04.2025, since the date has been fixed after consulting the petitioner; and (6)No costs.

Index :Yes / No 15.04.2025 NCC :Yes / No cmr 3/5

To 1.The District Collector, Office of District Collectorate, Virudhunagar District.

2.The Tahsildar, Office of Tiruchuli Taluk, Virudhunagar District.

3.The Surveyor, Office of Tiruchuli Taluk, Virudhunagar District.

4.The Village Administrative Officer, Village Administrative Office, Veeracholan, Tiruchuli Taluk, Virudhunagar District.

4/5

P.B.BALAJI, J.

cmr 15.04.2025 5/5