Pandiammal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2020
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN Pandiammal ... Petitioner Vs.
1.The District Collector, Dindigul District, Dindigul.
2.The Tahsildar, Taluk Office, Kugiliyamparai Taluk, Dindigul District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to survey the lands in Survey No.993/1A1 and Survey No.993/1A2 to an extent of 60 cents situated at Vadugampadi Village, Kugiliyamparai Taluk, Dindigul District on the basis of the petitioner's representations dated 27.07.2020 and 12.10.2020. For Petitioner : Mr.N.Mariappan For Respondents : Mr.K.P.Krishnadoss Special Government Pleader
ORDER
This writ petition has been filed for issuance of a direction to the respondents to survey the lands in Survey No.993/1A1 and Survey No.993/1A2 to an extent of 60 cents situated at Vadugampadi Village, Kugiliyamparai Taluk, Dindigul District on the basis of the petitioner's representations dated 27.07.2020 and 12.10.2020.
2. Mr.K.P.Krishnadoss, learned Special Government Pleader takes notice for the respondents. By consent, the writ petition is taken up for disposal at the admission stage itself.
3. The petitioner has submitted his representation, dated 12.10.2020 to the respondents, in order to survey and fix the boundaries in respect of the property situated in Survey No.993/1A1 and Survey No.993/1A2 to an extent of 60 cents situated at 1/3
Vadugampadi Village, Kugiliyamparai Taluk, Dindigul District. But, the said representation was not considered so far. In such circumstances, the petitioner has come forward with the present Writ Petition.
4. Considering the facts and circumstances, the respondents, more particularly the second respondent is directed to consider the representation of the petitioner, dated 12.10.2020 and pass appropriate orders and in accordance with law, after hearing the petitioner and the persons, who are interested or the persons, who will likely to be affected. In case of issuance of patta, survey needs to be conducted and the said survey shall be photographed and videographed in the presence of the petitioner and the persons who are likely to be affected and the costs of photograph and Videograph to be borne by the party seeking patta. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order. It is made clear that this Court has not decided the rights of the parties in the present Writ Petition.
It is open to the respondents to decide the same. The directions given in W.P(MD).No.7746 of 2020 batch, dated 23.09.2020 and W.P.(MD)No.13465 of 2020 dated 13.10.2020 should be followed wherever it is applicable. In case any Civil Suit is already pending, there is no need for measuring the land in question, as it is for the Civil Court to decide the matter. After the order of this Court any suit is filed, the officials hands are not tied to carry out the directions mentioned in the aforesaid two orders, as there is a possibility of one or other party to move the Court later and to stall the proceedings before the revenue authorities. Only exception is if an interim order operates against the authorities.
5. With the above direction, the writ petition is disposed of. No costs.
Sd/- Assistant Registrar (A.S) // True Copy // / /2020 Sub Assistant Registrar(CS) PJL 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
To 1.The District Collector, Dindigul District, Dindigul.
2.The Tahsildar, Taluk Office, Kugiliyamparai Taluk, Dindigul District.
+1 CC to the SPL GP ( SR-23652[F] dated 02/12/2020 ) 01.12.2020 MA(CO) CS(17.12.2020) 3P 4C 3/3