Dhanavalli. S v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA S.Dhanavalli .. Petitioner Vs.
1.The District Collector, Office of the District Collector, Ramanathapuram District.
2.The Tahsildar, Taluk Tahsildar Office, Paramakudi Taluk, Ramanathapuram District.
3.The Revenue Inspector, Office of the Revenue Inspector, Paramakudi, Ramanathapuram District.
4.The Village Administrative Officer, Office of the Village Administrative Officer, Kattuparamakudi Revenue Camp, Ramanathapuram.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to conduct the survey, demarcate the land in Survey No.379/24A2A situated
at Kattuparamakudi Revenue Village, Paramakudi Taluk, Ramanathapuram based on the petitioner's representation on 14.06.2024 in accordance with law within the time to be stipulated by this Court. For Petitioner :
Mr.N.Raja For Respondents :
Mr.D.S.Nedunchezhiyan Government Advocate
ORDER
The petitioner seeks the issue of a mandamus to the respondents to conduct a survey and demarcate the land in Survey No.379/24A2A situated at Kattuparamakudi Revenue Village, Paramakudi Taluk, Ramanathapuram based on the petitioner's representation on 14.06.2024.
2. The petitioner's case is that in the year 2008, she purchased a piece of land from one M.A.Hazara Beevi measuring an extent of 1200 sq. ft. under a registered sale deed. In the year 2010, the petitioner sold the above land to one Navaneethan, who in turn executed a General Power of Attorney in favour of the petitioner's husband. In the year 2020, the petitioner purchased the same from her husband based on the
General Power of Attorney. When the land was sold to the petitioner in the year 2008, the survey number of the land purchased was 379/1A1A. At the time of the second purchase, the sub division of survey number 379/1A1A was S.No.379/24A2A. Since the patta was not transferred in the name of the purchaser of the land, the subdivided survey number viz., S.No.379/24A2A also stood in the name of Hazara Beevi, who sold the land to the petitioner in the year 2008. The petitioner made her representation dated 14.06.2024 asking to survey her land and grant patta. Since no action has been taken, the petitioner is before this Court.
3. Heard the learned counsel on either side.
4. Considering the limited request of the petitioner to survey her land, this Writ Petition is allowed and the respondents are directed to conduct survey and demarcate the petition mentioned land. The petitioner shall submit all the relevant records to show her title to the property and the respondents shall, after issuing notice to the adjacent land owners and interested parties, hold an enquiry and thereafter,
proceed to pass orders either surveying and subdividing the property or rejecting the request. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. No costs. 07.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Office of the District Collector, Ramanathapuram District.
2.The Tahsildar, Taluk Tahsildar Office, Paramakudi Taluk, Ramanathapuram District.
3.The Revenue Inspector, Office of the Revenue Inspector, Paramakudi, Ramanathapuram District.
4.The Village Administrative Officer, Office of the Village Administrative Officer, Kattuparamakudi Revenue Camp, Ramanathapuram.
P.T.ASHA, J.
abr Dated: 07.08.2024