Petchiammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 28.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.16600 of 2018 Petchiammal ..Petitioner Vs 1.The District Collector, Office of the District Collector, Madurai, Madurai District.

2.The Tahsildar, Office of the Tahsildar Office, Usilampatti, Madurai District.

4.The Taluk Surveyor, Office of the Tahsildar Office, Usilampatti, Madurai District.

5.Kathiresan ..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of mandamus directing the second respondent to survey the land and fix the boundary lines and issue patta in favour of the Petitioner for the natham Survey No.212/3 to the extent of 0.01.44 ares(3 cents) situated at Meiyanampatti, Seemanuthu Panchayat, Usilampatti Taluk, Madurai District by considering the Petitioner's representation dated 7.7.2021 and 13.8.2021 within the time stipulated by this Court.

For Petitioner :Mr.S.Vanchinathan For Respondents:Mr.A.Kannan 1 to 3 Addl. Govt.Pleader For Respondent-4:Mr.A.Arputharaj

ORDER

The Writ Petition has been filed seeking issuance of a Writ of mandamus directing the second respondent to survey the land and fix the boundary lines and issue patta in favour of the Petitioner for the natham Survey No.212/3 to the extent of 0.01.44 ares(3 cents) situated at Meiyanampatti, Seemanuthu Panchayat, Usilampatti Taluk, Madurai District by considering the Petitioner's representation dated 7.7.2021 and 13.8.2021 within the time stipulated by this Court. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.The case of the Petitioner is that the Petitioner has a house property as mentioned in the prayer and the said land was purchased from one Manoranjitham, wife of Late. Karamani. Thereafter, the Petitioner constructed a house and was in possession and enjoyment of the same by paying tax and obtaining electricity connection. Whileso, the the fourth respondent has filed a suit in O.S.No.199 of 2013 before the District Munsif cum Judicial Magistrate No.1, Usilampatti, Madurai District

for permanent injunction not to provide electricity connection to the Petitioner and the same is pending. Whileso, the President of the Petititioner's Panchayat cancelled the house tax receipt issued in favour of the fourth respondent.There were several civil litigations between the Petitioner and others in this regard. Hence the Petiioner has submitted representations on 7.7.2021 and 13.8.2021 to the respondents 3 and 4 respectively to survey and demarcate the Petitioner's house property. Since the same was not done, the Petitioner has filed this Writ Petition for the relief stated supra.

4.The learned Additional Government Pleader appearing for the respondents 1 to 3 would submit that the Petitioner's representation will be considered and appropriate orders will be passed, on merits and in accordance with law, within the time limit prescribed by this Court. 5.In view of the above submission, this Court, without going into the merits of the matter, directs the second respondent to consider the representations of the Petitioner, dated 7.7.2021 and 13.8.2021 and pass appropriate orders on merits and in accordance with law, after affording an opportunity of hearing to all the parties concerned, within a period of sixteen weeks from the date of receipt of a copy of this order.

6.With the above direction, the Writ Petition stands disposed of. No costs.

28.11.2022 Index : Yes/No Internet:Yes/No vsn To 1.The District Collector, Office of the District Collector, Madurai, Madurai District.

2.The Tahsildar, Office of the Tahsildar Office, Usilampatti, Madurai District.

4.The Taluk Surveyor, Office of the Tahsildar Office, Usilampatti, Madurai District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.16600 of 2018 28.11.2022