Madras High CourtWP(MD)/15689/2020disposed of

R.Lalitha v. The District Collector

2020-11-09Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.11.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.15689 of 2020 R.Lalitha ... Petitioner -Vs1. The District Collector, Pudhukottai District.

2. The Revenue Divisional Officer, Pudhukottai District.

3. The Tahsildar, Aranthangi Taluk, Pudhukottai District.

4. The Firka Surveyor, Aranthangi Taluk, Pudhukottai District.

5.Seetha Lakshmi ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, to direct the third and fourth respondents to issue separate Patta to my principal R.Lalitha wife of Ramu in respect of her property in Sy.No.292/1, Aalapiranthan Village, Pudhukottai Taluk, after demarcating the property aforementioned by considering the representation dated 23.09.2020. For Petitioner : Mr.R.Balakrishnan For R1 to R4 : Mr.P.Kannidevan Additional Government Pleader.

ORDER

This writ petition has been filed to direct the third and fourth respondents to issue separate Patta to the petitioner in respect of her property in Sy.No.292/1, Aalapiranthan Village, Pudhukottai Taluk, after demarcating the property aforementioned by considering the representation dated 23.09.2020. 1/3

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. Heard Mr.R.Balakrishnan learned counsel for the petitioner and Mr.P.Kannidevan, learned Additioanl Government Pleader, who takes notice for the respondents 1 to 4.

4. The petitioner herein has purchased a land to an extent of 1 acre 19 cents in Survey No.292/1 situated at Aalapiranthan Village, Aranthangi Taluk, Pudukottai District from the fifth respondent. In order to demarcate the said property and issue separate patta, the petitioner approached the third respondent and submitted a representation on 16.07.2018. The petitioner has also submitted representations to the first respondent also. But the same were considered neither by the first respondent nor by the third respondent. He has also paid necessary fee for demarcating the said property. Hence, the petitioner is before this Court.

5. Considering the facts and circumstances, the respondents are directed to conduct survey and fix the boundaries in respect of the petitioner's land by following the guidelines issued by this Court in W.P.(MD)No.13465 of 2020, dated 13.10.2020. The said survey shall be photographed and videographed in the presence of the petitioner and the costs of Photograph and Videograph to be borne by the petitioner. Such exercise shall be completed, within a period of three (3) months from the date of receipt of a copy of this order. If any complaint is made by the parties concerned that survey is getting delayed on account of the officials failure to do their duties regarding survey, the authority competent shall initiate departmental action against the person concerned for dereliction of duty.

6.Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar (C.O) // True Copy // / /2020 Sub Assistant Registrar(CS) Ta 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. 2/3

1. The District Collector, Pudhukottai District.

2. The Revenue Divisional Officer, Pudhukottai District.

3. The Tahsildar, Aranthangi Taluk, Pudhukottai District.

4. The Firka Surveyor, Aranthangi Taluk, Pudhukottai District.

+1 CC to the SPL GP ( SR-21745[F] dated 10/11/2020 ) W.P.(MD)No.15689 of 2020 09.11.2020 KMV(CO) CS(30.11.2020) 3P 6C 3/3