Shanthi v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Shanthi .. Petitioner Vs.
1.The Tahsildar, Alangudi Taluk, Pudukkottai District.
2.The Head Surveyor, Alangudi Taluk, Pudukkottai District.
3.The Inspector of Police, Ganesh Nagar Police Station, Alangudi Taluk, Pudukkottai District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 1st and 2nd respondents to survey the petitioner's land in Survey No. 62/9B respectively situated at Thirukkattalai Village, Alangudi Taluk, Pudukkottai District an to fix its boundaries as per revenue records by obtaining adequate police protection from the 3rd respondent police and
consequently issue patta to the petitioner's name based on registered settlement deed vide D.No.4971/2023, dated 24.07.2023 within the period that may be stipulated by this Court.
For Petitioner : Mr.G.Chezhiyan For R1 & R2 : Mr.D.S.Neduncheziyan Government Advocate For R3 : Mr.G.Sanjay Gandhi Government Advocate (Crl.Side)
ORDER
This writ petition is filed for a mandamus to direct the 1st and 2nd respondents to survey the petitioner's land in Survey No. 62/9B respectively situated at Thirukkattalai Village, Alangudi Taluk, Pudukkottai District and fix the boundaries as per revenue records by obtaining adequate police protection from the 3rd respondent police and consequently issue patta to the petitioner's name based on registered settlement deed vide D.No.4971/2023, dated 24.07.2023
2. The case of the petitioner is that the petition mentioned property originally belongs to one Muthaiah, who is none other than the father of
the petitioner's husband. After the demise of the said Muthaiah, the same was inherited by the petitioner's husband. In turn, he has executed the settlement deed in favour of the petitioner vide D.No.4971/2023, dated 24.07.2023. On 03.01.2024, the necessary fee has been paid to the Commissionerate of Survey and Settlement for conducting survey and demarcating the boundaries in the said property. Since no further action has been taken on the side of the respondents, the petitioner had sent a detailed representation on 07.03.2024 in this regard. Since the representation did not evoke any response, the petitioner has approached this Court.
3. Heard the learned counsel on either side.
4. Considering the request of the petitioner and also the fact that the petitioner has made his representation as early as in March, 2024, a Mandamus is issued to the respondents to conduct survey and mark the boundaries in the petition mentioned property. If there is any law and order problem, the revenue officials shall seek police protection. In such
circumstances, the 3rd respondent is directed to provide police protection to the revenue officials for conducting survey and demarcation. 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 and issue patta as per survey. In the case of a rejection, a speaking order shall be passed. The aforesaid exercise shall be completed within a period of six (6) weeks from the date of receipt of a copy of this order.
5. With the above directions, this Writ Petition stands allowed. No costs.
09.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg
To 1.The Tahsildar, Alangudi Taluk, Pudukkottai District.
2.The Head Surveyor, Alangudi Taluk, Pudukkottai District.
3.The Inspector of Police, Ganesh Nagar Police Station, Alangudi Taluk, Pudukkottai District.
P.T.ASHA, J.
gbg 09.08.2024