Jayalakshmi Shreedhar v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 19.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.13612 of 2023 1.Jayalakshmi Shreedhar 2.Shreedhar Rajan ... Petitioners Vs 1.The Commissioner, The Commissionerate of Survey and Settlement, No.1, Survey Hous, Kamarajar Salai, Chepauk, Chennai - 600 005.
2.The Assistant Director, The Office of Survey and Land Records, Collectorate Building, Dindigul - 624 004.
3.The Revenue Divisional Officer, RDO Office, Kodaikanal, Dindigul District - 624 101.
4.The Taluk Deputy Inspector of Survey, Kodaikanal Taluk, Dindigul District.
5.The Taluk Deputy Inspector of Survey, Kodaikanal Taluk, Dindigul District.
6.Kamala Selvaraj 1/5
7.Revathy Swaminathan 8.Narayini Ganesan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondent 1 to 5 to survey the land in TS.No.15, WardB, Block-28, Tapps Road, Kodaikanal, Dindigul District and to fix the boundaries of the petitioner's land as per the settlement deed dated 16.12.2004 and to carry out the necessary amendments in the FMB and to issue fresh FMB sketch to the petitioners.
For Petitioners : Ms.N.Krishnaveni, Senior Counsel for for Mr.P.Thiyagarajan For Respondents : Ms.D.Farjana Ghousia Special Government Pleader
ORDER
The petitioners have made application for survey the land in TS.No.15 at Kodaikanal and filed this writ petition for a writ of mandamus, directing the respondents to survey the land within a stipulated time.
2.The learned Special Government Pleader on instructions submits that the petitioner has insisted to 2/5
measure the land based on the rough sketch enclosed along with the petitioners' application, which has been objected to by the adjacent land owners. A detailed report is filed by the respondents in this writ petition.
3.This Court considered the rival submissions and perused the materials placed on record.
4.The 1st petitioner claims that her father has settled the property in TS.No.15 to an extent of 1.00 acre by way of registered settlement deed dated 16.12.2004 in her favour. The 1st petitioner admits that her father has settled the remaining properties to her three sisters. The petitioners have applied for surveying the land on 25.04.2023. The respondents have not proceeded further stating that the petitioner insists that the survey should be done based on the rough sketch, which is objected by the co-land owners.
5.In the event of any objections for surveying the land, the officer shall cause notice to the objectors and 3/5
all interested parties and pass orders enabling the parties to file appeal under the Tamil Nadu Survey and Boundaries Act. The entire process shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs. Consequently connected miscellaneous petition is closed.
19.07.2023 NCC: Yes/ No Internet : Yes / No dsk To 1.The Commissioner, The Commissionerate of Survey and Settlement, No.1, Survey Hous, Kamarajar Salai, Chepauk, Chennai - 600 005.
2.The Assistant Director, The Office of Survey and Land Records, Collectorate Building, Dindigul - 624 004.
3.The Revenue Divisional Officer, RDO Office, Kodaikanal, Dindigul District - 624 101.
4.The Taluk Deputy Inspector of Survey, Kodaikanal Taluk, Dindigul District.
5.The Taluk Deputy Inspector of Survey, Kodaikanal Taluk, Dindigul District.
4/5
B.PUGALENDHI, J.
dsk 19.07.2023 5/5