Sathiyabama v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.10.2023

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Sathiyabama, W/o.Rajendiran .. Petitioner

Versus

1.The District Collector, Karur District, Karur.

2.The Tahsildar, 3.The Zonal Deputy Tahsildar, 4.The Taluk Deputy Inspector of Survey, Land Survey Department, Taluk Office, Karur, 5.Selvam, S/o.Ponnambala Reddy 6.Ramya, D/o.Selvam .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to receive the representation from the petitioner for making objection to measure the property in S.F.No.1603/2C, dated 22.09.2020, consequently, direct the respondents 2 to 4 not to measure the property without conducting proper 1/5

enquiry based upon the representation given by the petitioner, dated 22.09.2020, in respect of the property in S.F.No.1603/2C. For Petitioner :

Mr.S.Gokul Raj For R1 to R4 :

Mr.A.K.Manikkam Special Government Pleader For R5 and R6 :

Mr.V.Kannan

ORDER

This Writ Petition has been filed for issuance of Writ of Mandamus, directing the respondents 2 to 4 not to conduct any survey in the subject property without considering the objection made by the petitioner.

2. Heard Mr.S.Gokul Raj, learned counsel for the petitioner, Mr.A.K.Manikkam, learned Special Government Pleader for the respondents 1 to 4 and Mr.V.Kannan, learned counsel for the respondents 5 and 6.

3. The case of the petitioner is that she is the absolute owner of the subject property in New Survey No.1603/2C, measuring an extent of 1 acre and 54 cents out of the total extent of 2 acre and 17 cents.

4. The grievance of the petitioner is that the respondents 5 and 6 are attempting to survey and grab the property belonging to her. In view of the 2/5

same, the petitioner had given a representation/objection to the second respondent and had requested the second respondent not to carry out any survey, without considering the objection made by her. Since there was no response, the present Writ Petition has been filed before this Court.

5. Taking into consideration the facts and circumstances of the case, there shall be a direction to the second respondent to consider the objection made by the petitioner, as and when any request is made for survey of the subject property in New Survey No.1603/2C and before taking any final decision, the parties shall be called for enquiry and thereafter, a decision shall be taken.

6. This Writ Petition is disposed of with the above direction. No costs. NCC : Yes/No 04.10.2023 Index : Yes/No smn2 To 1.The District Collector, Karur District, Karur.

2.The Tahsildar, 3/5

3.The Zonal Deputy Tahsildar, 4.The Taluk Deputy Inspector of Survey, Land Survey Department, Taluk Office, Karur, 4/5

N.ANAND VENKATESH, J.

smn2 W.P.(MD) No.14106 of 2020 04.10.2023 5/5