Pappathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Pappathi ... Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Assistant Director of Survey and Land Records, Trichy, Trichy District.

3.The Tahsildar, Thiruverumbur, Trichy District.

4.The Sub-Inspector of survey, Thiruverumbur, Trichy District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to survey and demarcate the petitioner's house plot No.172 situated at Survey No.46/1C, Gundur Village, Thiruverumbur (Taluk), Trichy District and further direct them to determine the boundary of the said property by considering the petitioner's application dated 17.03.2020 and petitioner's representation dated 20.03.2020.

For Petitioner : Mr.M.Pitchai Muthu For Respondents : Mr.C.Ramesh Special Government Pleader

ORDER

This writ petition is filed to direct the respondents to survey and demarcate the petitioner's house plot No.172 in Survey No.46/1C, situated at Gundur Village, Thiruverumbur (Taluk), Trichy District and further direct them to determine the boundary of the said property, by considering the petitioner's application dated 17.03.2020 and petitioner's representation dated 20.03.2020. 2.Heard Mr.M.Pitchaimuthu, learned counsel appearing for the petitioner and Mr.C.Ramesh, learned Special Government Pleader 1/3

appearing for the respondents.

3.According to the petitioner, she is the owner of the house plot No.172, in Survey No.46/1C, situated at Gundur Village, Thiruverumbur(Taluk), Trichy District. To survey and demarcate the boundary, the petitioner has submitted an application on 17.03.2020. So far the said application has not been considered. Therefore, the petitioner sent a representation dated 20.03.2020 to the respondents. Since no action has been taken, the petitioner is before this Court.

4.The learned Special Government Pleader, who takes notice on behalf of the respondents, submitted that the petitioner's application dated 17.03.2020 is pending before the third and fourth respondents.

5.Considering the submissions made on either side, this Court, without expressing any opinion on the merits of the case, directs the third and fourth respondents to make necessary arrangements for considering the petitioner's application, if it is otherwise in order and if there is no legal impediments to do so. If any other objection is made, the third respondent shall enquire it and to take appropriate decision in accordance with law and the said decision shall be communicated to the parties concerned. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) Ns Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The District Collector, Trichy District, Trichy.

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2.The Assistant Director of Survey and Land Records, Trichy, Trichy District.

3.The Tahsildar, Thiruverumbur, Trichy District.

4.The Sub-Inspector of survey, Thiruverumbur, Trichy District.

22.09.2020 SS(CO) KB(05.10.2020) 3P 5C 3/3