Sasivarnam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2021
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Sasivarnam ... Petitioner Vs.
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Revenue Divisional Officer, Revenue Divisional Office, Aruppukottai, Virudhunagar District.
3. The Tahsildar, Kariapatti Taluk, Virudhunagar District.
4. The Taluk Head Surveyor, Land Survey Department, Kariapatti Taluk, Virudhunagar District.
... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third and fourth respondents to consider the petitioner's representation dated 30.06.2021 to measure the petitioner's land bearing Survey Nos. (i) 12/4C (0.36.5 Ares) (ii) 2/154B1C (0.06.35 Ares) (iii) 2/154C1A (0.02.35 Ares) (iv) 2/154D1B (0.08.10 Ares), (v) 2/154E1B (0.02.03 Ares) and (vi) 2/154A1A (0.44.48 Ares), total admeasuring 0.99.81 Ares situated at Kambikudi Village, Kariapatti Taluk, Virudhunagar District and identify the four boundaries for the said lands.
For Petitioner : Mr.S.Loganathan For Respondents : Mr.P.Subbaraj, Counsel for State
O R D E R
The petitioner seeks a survey of lands in about six survey numbers at Kambikudi Village, Kariapatti Taluk, Virudhunagar District.
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2. According to the petitioner, he is the owner of the lands in six survey numbers. Patta No.344 in respect of the land bearing Survey No.12/4C and Patta No.2624 in respect of lands bearing Survey Nos.154B1C, 154C1A, 154D1B, 154E1B and 155A1A is enclosed. It is stated that in spite of submitting an application on 30.06.2021 and remitting the requisite fee, no action has been taken thereon.
3. Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of all the respondents. He submits that the petitioner's application may be considered by the third and fourth respondents.
4. The petitioner has enclosed the pattas referred to above. These pattas have been issued in the name of the petitioner. As regards title documents, the petitioner states that several properties were partitioned and the property in respect of which a survey is requested was allotted towards the petitioner's share under the said partition. It is further submitted that the petitioner would also submit the said partition deed before the third and fourth respondents herein. There do not appear to be any rival claimants. Accordingly, the petitioner has made out a case to issue a direction to the third and fourth respondents herein.
5. For reasons set out above, W.P(MD).No.15426 of 2021 is disposed of by directing the third and fourth respondents to consider the petitioner's representation dated 30.06.2021 for carrying out a survey of lands bearing these specified survey numbers at Kambikudi Village. The petitioner is permitted to submit additional documents such as the aforesaid partition deed to the third and fourth respondents. Such representation shall be considered and necessary steps taken thereon after putting the petitioner and the owners of adjoining lands on notice. The entire exercise shall be completed within a period of three months from the date of receipt of a copy of this order. There will be no order as to costs.
Sd/- Assistant Registrar (CS III) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn 2/3
To
1. The District Collector, Virudhunagar District, Virudhunagar.
2. The Revenue Divisional Officer, Revenue Divisional Office, Aruppukottai, Virudhunagar District.
3. The Tahsildar, Kariapatti Taluk, Virudhunagar District.
4. The Taluk Head Surveyor, Land Survey Department, Kariapatti Taluk, Virudhunagar District.
+1 CC to M/s.S.LOGANATHAN, Advocate (SR-27859[F] dated 02/09/2021) +1 CC to M/s.SPL GP (SR-27766[F] dated 01/09/2021) 31.08.2021 ES(CO) SB(08.09.2021) 3P 7C 3/3