Sangareswari.V v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY V.Sangareswari ... Petitioner Vs.
1.The District Collector, Office at District Collectorate, 2.The Tahsildar, West Taluk, Viratipathu, 3.The Taluk Surveyor, West Taluk, Viratipathu,
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 2 and 3 to survey the land and demarcate the boundaries of land based on the petitioner's application dated 17.09.2021 in respect of the property in Re-survey No.57-11A3 and in Patta No.1201 for the total extent of 1750.8125 sq.ft. at the bottom portion of flat No.22 situated at Kelakuilkudi Village, South Taluk, Madurai District.
For Petitioner : Mr.P.Venkatesan For Respondents : Mr.P.Subbaraj Counsel for State
ORDER
The petitioner seeks a survey of the property bearing Re-survey No.57-11A3 of a total extent of 1750.8125 sq.ft. at Kelakuilkudi Village, South Taluk, Madurai District.
2.The petitioner claims title to the said property under a registered sale deed dated 23.11.2012, bearing Document No.9261/2012. The petitioner cites Patta No.1201 in support of the claim in respect of the property.
3.In order to construct a house on the said property, the petitioner intends to carry out a survey. In spite of submitting an application on 17.09.2021, it is stated that no action was taken. The present writ petition is filed in the said facts and circumstances.
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4.Mr.P.Subbaraj, learned counsel for the State, accepts notice on behalf of all the respondents. On written instructions, he submits that the second respondent is ready and willing to undertake the survey and complete the same within a reasonable time frame. 5.The petitioner has enclosed the registered sale deed by which she and her husband, N.Velmurugan, purchased the relevant property. The patta issued to the petitioner and her husband is on record. The said patta is in respect of the property bearing S.No.57-11A3 of an extent of 1.37 ares. On the basis of these documents, the petitioner has made out a case for the consideration of the request for survey. In view of the fact that the petitioner's husband is the joint pattathar, he should be put on notice before the survey is undertaken. In addition, the owners of adjoining properties whose boundaries may be impacted by the conduct of a survey should be put on notice.
6.Accordingly, W.P.(MD)No.19057 of 2021 is disposed of by directing the second respondent to consider the petitioner's application dated 17.09.2021 and initiate action on such basis. For such purpose, the second respondent shall put the joint pattathar on notice and also provide a reasonable opportunity to owners of adjoining properties whose boundaries may be affected by the conduct of a survey. The entire exercise shall be concluded within a period of two (2) months from the date of receipt of a copy of this order. There will be no order as to costs.
Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) sji 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.
To 1.The District Collector, Office at District Collectorate, 2/3
2.The Tahsildar, West Taluk, Viratipathu, 3.The Taluk Surveyor, West Taluk, Viratipathu, +1 CC to M/s.P. VENKATESAN, Advocate (SR-32904[F] dated 27/10/2021) +1 CC to M/s.SPL.GP (SR-33019[F] dated 28/10/2021) 27.10.2021 TSK(CO) GC/PM(09.11.2021) 3P 6C 3/3