R.Ceciliya Mary v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR R.Ceciliya Mary ...

Petitioner Vs 1 The Tahsildar, Kalayakovil Taluk, Sivagangai District.

2 The Inspector of Police, Kalayar Kovil Police Station, Sivagangai District.

...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 1st respondent to survey the property of the petitioner and all the legal heirs of her father located in Survey No.13/3 of Silukkapatti Village, Kalayarkoil Taluk, Sivagangai District, by considering the representation of the petitioner and consequently directing the 2nd respondent to provide adequate police protection to complete the survey.

For Petitioner :

Mr.C.M.Arumugam For Respondent 1 : Mrs.K.Malathi, Addl. Govt. Pleader.

For Respondent 2 : Mr.M.Karunanithi, Govt. Advocate.

ORDER

The petitioner herein seeks a direction to the 1st respondent to survey the property situated in Survey No.13/3 of Silukkapatti Village, Kalayarkoil Taluk, Sivagangai District, by considering her representation.

2. Heard Mr.C.M.Arumugam, learned counsel for the petitioner; Mrs.K.Malathi, learned Additional Government Pleader, for first respondent; and Mr.M.Karunanithi, learned Government Advocate, for second respondent. With the consent of both the counsel, the Writ Petition is taken up for final disposal at the stage of admission.

3. It is the case of the petitioner that the subject property was assigned in favour of her father Santiago, in recognition of his service in Indian Army. After the death of her father, she and her siblings are entitled to the said property. The petitioner submitted an online application to the first respondent for survey of the said property on 26.10.2024. The said application has not been considered. Hence, she has come before this Court.

4. Learned Additional Government Pleader would submit that the application submitted by the petitioner would be considered on its own merits within a time stipulated by this Court.

5. In view of the same, without expressing any opinion on the merits of the matter, the first respondent is directed to consider the online application of the petitioner, dated 26.10.2024, and pass final orders on its own merits within a period of twelve weeks from the date of receipt of copy of this order, after issuing notice to the petitioner, neighbouring land owners, and other interested parties.

6. Writ Petition is disposed of accordingly. No costs. 13.06.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1 The Tahsildar, Kalayakovil Taluk, Sivagangai District.

2 The Inspector of Police, Kalayar Kovil Police Station, Sivagangai District.

S.SOUNTHAR, J.

dixit 13.06.2025